by Virginia Bonanni | Jan 3, 2023 | Conflict Management, Mediation, NZDRC, Property disputes, Relationship Property
Sam Dorne Courts worldwide have long seen the benefits of alternative dispute resolution (ADR) such as mediation. However, the courts have either been constrained or unwilling to force parties to participate in the ADR process. The High Court in New Zealand has bucked...
by Virginia Bonanni | Sep 27, 2022 | Property, Property disputes, Relationship Property
By Adrian Sharma Leakage issues in a building can be a real dampener. A recent decision of the Queensland Civil and Administrative Tribunal (the Tribunal) which considered conflicting expert evidence on water ingress issues in a newly built property highlighted the...
by Virginia Bonanni | Nov 2, 2021 | Conflict Management, COVID-19 Relief, Cross lease disputes, NZDRC, Property disputes
On 28 October 2021, the Government amended the Property Law Act to imply a ‘no access in an emergency clause’ into commercial leases which do not already provide for adjusted rent payment terms during an epidemic emergency. The implied clause applies from 18 August...
by Virginia Bonanni | Oct 15, 2021 | Arbitration, Conflict Management, Mediation, NZDRC, Property, Property disputes
By Melt Strydom. Apportionment for contributory negligence allows a court to share the responsibility between parties in circumstances where the test for causation and remoteness of damage justifies it. It doesn’t mean a respondent will not be held liable for...
by Virginia Bonanni | Sep 29, 2021 | Arb-Med, Arbitration, Conflict Management, COVID-19 Relief, Cross lease disputes, Mediation, NZDRC, Property, Property disputes
The government has introduced a law change which will imply into commercial leases that don’t have an existing no access in emergency clause, a provision requiring a fair proportion of rent and outgoings to be paid when a tenant has been unable to conduct their...
by Natalia Vila | Sep 13, 2021 | Arbitration, Cross lease disputes, Mediation, Property disputes
THE JOYS OF A Cross lease And how to survive disputes with your neighbour By Natalia Vila Going through another COVID-19 lockdown can be challenging, and disputes with neighbours may crystallise with people spending more time at home. Cross leases have been used for...
