Whiteboard for 11 September 2008
From the Times
DAMAGES - Sony sent computer memory cards to Cinram's warehouse to be "on delivered" to a purchaser. However, the memory cards were stolen and Cinram admitted liability. The issue was whether Sony was entitled to the manufacturing cost of replacing the goods, or, could they recover the price that the goods were being sold for. It was held by the Court of Appeal that the owner was entitled to the value of his goods and could recover the price. It was up to the defendant to prove that the profit had been recouped by a substitute or replacement sale and that the plaintiff had not suffered a loss of profits.
Sony Computer Entertainment UK Ltd & Anor v Cinram Logistics UK Ltd [2008] EWCA Civ 955
MEDICAL NEGLIGENCE - A case on medical negligence and the "but for" test. It was held that "[i]n a case where medical science cannot establish the probability that 'but for' an act of negligence the injury would not have happened but can establish that the contribution of the negligent cause was more than negligible, the 'but for' test is modified, and the claimant will succeed".
Bailey v Ministry of Defence & Anor [2008] EWCA Civ 883
Notices & notes
Appointment of High Court Judge
The Attorney-General has announced the appointment of Joseph Victor Williams as a Judge of the High Court.
Public Transport Management Bill passed
The Bill empowers regional councils to impose greater controls over commercial public transport services, and also enables regional councils to require that any or all public transport services must be provided under contract.
The Climate Change (Emissions Trading and Renewable Preference) Bill passed
The legislation establishes the framework for the New Zealand Emissions Trading Scheme.
Protections for casuals and temp workers
Employment protections for temporary and casual workers are to be strengthened under proposed amendments to the Employment Relations Act introduced to parliament.
Construction Adjudication Symposium - Construction Contracts Act 2002
Tuesday 21 October 2008 9.30am to 3.00pm
Venue: The Northern Club, 19 Princes Street, Auckland
This seminar is presented by the Arbitrators’ and Mediators’ Institute of New Zealand Inc. as part of the Institute’s continuing
professional development programme. This one-day seminar will cover topics relevant to adjudicators, lawyers and ADR students.
Price comparison site targets legal sector
Moneysupermarket.com, the price comparison website, is to start selling legal business sales leads to law firms involved in conveyancing, probate and employment later this month (Law Society Gazette 4 September 2008).
Companies Office mobile
The Companies Office has announced the launch of a company search service for internet enabled mobile phones.
Royal Commission granted extension of time
The Royal Commission on Auckland Governance has been granted an extension of its reporting date until 31 March 2009.
Financial advisers and dispute resolutions bills reported back
The Finance and Expenditure Select Committee has reported back the Financial Advisers Bill and the Financial Service Providers (Registration and Dispute Resolution) Bill. These bills will beef up regulation of financial advisers and institutions, ensuring greater accountability of advisers and providing consumers with effective avenues for complaints.
Tax relief for surviving spouse in husband-wife partnership
The government will be introducing a law change to ensure that the death of one of the spouses in a husband and wife partnership does not give rise to immediate tax consequences.
Bill updates standards and conformance infrastructure
This Bill updates and simplifies the governance arrangements for our standards and conformance infrastructure to bring it into line with international best practice. The Standards and Accreditation Bill replaces the Acts covering the Standards Council and the Testing Laboratory Registration Council, which are both autonomous Crown entities established by legislation.
Commerce Commission to cooperate internationally
The Commerce Commission (International Co-operation, and Fees) Bill allows the Commission and its equivalent overseas agencies to share information and assist each other in investigations of unfair trading practices and anti-competitive behaviour.
Trade safeguards to meet WTO rules
The Trade (Safeguard Measures) Bill replaces a 1987 law with a new regime designed to ensure that it is consistent with World Trade Organisation (WTO) rules and that promotes efficient, transparent and objective investigative and decision making processes.
Disability Report
The Social Services Select Committee has released a report into the Quality of Care and Services for Disabled People.
Renewable generation gets boost from law changes
This Bill is a major rewrite of the Electricity Industry Reform Act, which requires separation of monopoly electricity lines and competitive generation and retailing businesses.
Infrastructure investment gets boost from law changes
Infrastructure businesses will have more incentive to innovate and invest in their future growth under a Bill amending the Commerce Act. The Bill is a major rewrite of the price control provisions of the Commerce Act 1986.
Law to protect minority shareholders
The government has passed a law giving greater protection to minority shareholders faced with a company takeover they don't support.
RAMs Ball
The 2008 Hays Legal RAMs annual ball is to be held on Saturday September 20 at St Matthews church in central Auckland. Tickets are $67.50 per person including GST and partners are welcome to attend. RSVP with payment to Eileen Yee at ADLS, PO Box 58, Shortland Street, Auckland.
Introduction to Dispute Resolution October 1-5
This Arbitrators' & Mediators' Institute of New Zealand (AMINZ) programme is intended for people who have some qualifications, or experience that is relevant to the practice of Dispute Resolution and who would like to enhance their knowledge and to enter the AMINZ pathway to credentialing. The programme will cover the syllabus requirements for Associate membership of AMINZ, which focus on advice on and participation in ADR processes.
Australia and New Zealand Sports Law Association conference
The ANZSLA 2008 Conference 'Sport:A political football' will be held at the Melbourne Cricket Ground (MCG) between October 15th -17th.
In the news
Slade, Maria. "Bridgecorp directors to face trial by jury". New Zealand Herald, 10 September 2008 page C1
"Barbie maker gets $US100m in Bratz damages". New Zealand Herald, 27 August 2008
"Fired worker takes on union". New Zealand Herald, 11 September 2008 page A6
Tahana, Yvonne. "Maori judge promoted to High Court but Nats irked". New Zealand Herald, 11 September 2008 page A6
Internet sites
African International Courts and Tribunals
The website for African International Courts and Tribunals was created by the Project on International Courts and Tribunals. PICT’s mission is to "address the legal, political, financial and organizational challenges arising out of the multiplication of international courts and tribunals that took place as of the end of the Cold War." The site subdivides the African international courts into the following categories: Continental Courts, Subregional Courts, International Criminal Courts for African Conflicts, and Other Courts Handling African Cases. There is extensive information on each court including when it was established, when it became operational, where the seat is, who is subject to their jurisdiction and the number of cases it has received. In addition to this quick summary, there is also a thorough explanation of its establishment, what the court looks like and what it does. Additionally there are links to news stories regarding the court, basic documents, cases, related jurisprudence from member states, judges' biographies and a bibliography for each court. While there is no search engine, a site map facilitates navigation of the site. ((From InSITE, 25 August 2008, © 2008 Cornell Law Library)