The government has enacted temporary legislation which addresses how wills may be executed during the lockdown. Broadly, this legislation is intended to make possible the use of audio-visual links. The legislation will be rescinded when the pandemic notice is lifted.
This case of Wyatt v Real Estate Agents Authority [2019] NZHC 3291 concerns company names and the Companies Act 1993, powers of the Registrar of Companies (the Registrar) to request name changes, and the meaning of ‘patronage’ for the purposes of the Flags, Emblems, and Names Protection Act 1981 (FENPA).
A recent decision of the New Zealand Court of Appeal confirms the obstacles faced by an appellant seeking to stay enforcement of a costs award against them pending determination of the appeal.
In a recent High Court decision, the applicants were seeking leave to appeal a costs decision to the Court of Appeal. Gendall J refused to grant leave to appeal, noting “The time and resources of the Court of Appeal are scarce and need to be applied with proportionality relating to the increasing demands of civil litigation”.
Some time ago now, Colin Graeme Craig, a well-known public figure, considered that Jordan Henry Williams had said untrue things about him. Mr Craig distributed a pamphlet to 1.6 million households nationwide which was intended, he says, to set the record straight. Mr Williams alleges that it was defamatory. Mr Williams sued Mr Craig. Mr Craig advanced the defence of qualified privilege. Mr Williams contended that this defence should not apply. A jury found for Mr Williams at the conclusion of a four week trial. A divided Supreme Court has now ruled on what is regarded as the principal legal issue: whether the defence of qualified privilege had been lost, and what the trial judge said to the jury about it in her summing up before they retired to consider their verdict. The Supreme Court has ordered a retrial.
Litigation is life. There are great highs—and lows. There are unexpected twists and turns. Winning is glorious. Only the most cold-hearted lawyer would claim not to be affected by a loss. Most litigation lawyers will provide a client with a sound strategy which includes a realistic assessment of the prospects of success. But ultimately, if things go to a hearing, you and your clients are in the hands of someone over whom you have some influence, but do not control. And so, sometimes, Bad Things Happen.
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