/Recent Legal Developments/

Fiduciary obligations in business relationships

The New Zealand Court of Appeal has recently released a decision highlighting the importance of receiving legal advice before entering into business relationships with friends. In the present case a lot of time and expense could have been avoided by obtaining proper advice in relation to fiduciary obligations and ensuring they are satisfied. In Detection [...]

November 30th, 2019|Categories: Legal Developments|

Refunds for incorrect fees

In December 2017, Westpac self-reported to the Financial Markets Authority (FMA) and the Commerce Commission (Commission) that it may have breached the Financial Markets Conduct Act 2013 (FMCA) and the Fair Trading Act 1986 (FTA) by incorrectly discounting fees ┬áin connection with certain banking packages.   Then in December 2018, Westpac alerted the FMA and [...]

August 31st, 2019|Categories: Legal Developments|

Restraint of Trade and Franchises

Two recent New Zealand High Court decisions have shed light on the enforcement of Restraint of Trade clauses under franchise agreements. Restraint of Trade clauses are designed to protect the franchisor from the franchisee taking the intellectual property and opening up in competition with the franchisor at the end of their agreement. The decisions have [...]

May 31st, 2019|Categories: Legal Developments|