Opinions

Opinion

9/4/2025

Construction Adjudication: What can you do when it goes wrong?

Barrister Polly Pope discusses options to consider where construction adjudication goes wrong, including dealing with solvency concerns, overturning the decision, and legal options to resist enforcement.

Opinion

8/3/2025

Dr Simon Foote KC and Bridgette White on DEI and gender equity in law

To mark International Women’s Day, Dr Simon Foote KC and Bridgette White discuss DEI and the legal profession, the ongoing challenges women face, and the steps needed to drive greater gender equity in law.

Opinion

26/2/2024

Bahaman Courts Further Affirm Arbitration of Trust Disputes

Jeremy Johnson and law clerk Callum Hackston review the latest judgement handed down by Justice Loren Klein of the Supreme Court of the Bahamas re the never-ending Volpi dispute.

Opinion

31/1/2024

Vendors as associates under the Overseas Investment Act 2005 – a door left ajar?

Bankside Employed Barrister Nic Lawrence considers the decision in Future Sustainable Development Limited v Wenjing Liu and whether, following the Court of Appeal judgement, there is some relief for vendors in not being misconstrued as associates under the Overseas Investment Act 2005 (OIA).

Opinion

21/8/2023

John Hannan: Section 6 of the Employment Relations Act an ‘unruly horse’

Bankside Barrister John Hannan considers recent high profile cases, including those involving Uber and Gloriavale, that highlight Section 6 as an "extremely unruly horse."

Opinion

12/7/2023

Reviewing contractual discretions: the New Zealand Court of Appeal considers the Braganza Test

In Woolley v Fonterra Co-op Group Ltd [2023] NZCA 266, the New Zealand Court of Appeal recently considered the approach to the review of contractual discretions adopted by the UK Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661. In his opinion piece, Peter Watts KC examines the controversial nature of the Braganza test, and how the Court of Appeal’s decision was not surprising.

Opinion

13/3/2023

Quincecare in the Hong Kong Court of Final Appeal

International expert on the law of agency Peter Watts KC considers a recent decision of the Hong Kong Court of Final Appeal where it was assumed by both parties and the Court that the dishonesty of the customer’s mandataries automatically removed the bank’s actual authority to follow their instructions.

Opinion

8/3/2023

Women in law: reflections on International Women’s Day 2023

To mark International Women’s Day and this year’s theme of “Equality versus Equity”, Julie Ding reflects on her experience as a young woman and immigrant, starting out in law.

Opinion

18/2/2023

Sweating the Assets: Market Efficiency and Infrastructure Development

Bankside Arbitrator and Commercial Mediator John Walton considers the devastating effects of Cyclone Gabrielle, and posits that privatisation and corporatisation of much of Aotearoa’s essential infrastructure have revealed a failure in long term planning and properly targeted investment.

Opinion

14/9/2022

Kate Davenport KC on the impact of New Zealand’s pandemic response

Kate Davenport KC was a guest speaker at the Honourable Society of the Middle Temple’s online event Pandemic and Practice: Australasia. She discussed the impact of New Zealand’s Covid-19 response on the legal profession, her experience as President of the New Zealand Bar Association at the time of the first lockdown, and the judicial review proceedings brought against the Government with regards to MIQ and its restrictive entry requirements.

Opinion

16/8/2022

An interview with Mark Kelly at the end of his term as AMINZ President

Mark Kelly’s time as President of AMINZ has just concluded. We ask him about his highlights and key challenges from the last two years.

Opinion

27/10/2021

Courts, Covid and a possible prescription

Opinion

11/10/2021

Frustrated by Coronavirus? Part 4: How the pandemic is shaping arbitration in real time

This is the fourth of Lauren Lindsay's series “Frustrated by Coronavirus?”. It builds on her earlier articles suggesting that arbitration can be an excellent solution for clients frustrated by the inevitable disruption the New Zealand courts, together with courts elsewhere, are facing.

Opinion

16/9/2020

Frustrated by Coronavirus? Part 3: How to arbitrate online

This is the third and final part of Lauren Lindsay's series “Frustrated by Coronavirus?”. Building on her 26 March 2020 article, Lauren suggests that arbitration could be a solution for clients that are frustrated by the inevitable disruption New Zealand courts, and courts elsewhere, are facing. As nations around the world continue to grapple with Covid-19 and successive “lock-downs”, disputes are inevitably affected.

Opinion

21/5/2020

Leave granted to appeal to the Supreme Court in regard to trustee privilege

Lady Deborah Chambers QC obtained leave from the Supreme Court to appeal the Court of Appeal decision for Lambie Trustee Limited.

Opinion

13/5/2020

An important Supreme Court competition law case

John Land’s article on the first NZ Supreme Court price fixing decision has now been published in LawTalk.

Opinion

26/3/2020

Frustrated by Coronavirus? Part 2: Arbitration could be the answer

In this article Lauren Lindsay briefly considers urgent arbitrations, the flexibility of arbitration, key factors when drafting your arbitration agreement, and a general overview of arbitration as a form of dispute resolution, including what disputes can be arbitrated, during the lockdown in Auckland.

Opinion

12/3/2020

Frustrated by Coronavirus? Part 1: A brief comparison between frustration and force majeure

On 12 March 2020, the Word Health Organisation declared Covid-19 a pandemic. The human and economic impact is enormous and growing. There has been a lot of discussion around force majeure clauses and material adverse change clauses. But what if your contract has neither of those provisions?

Opinion

10/1/2020

Construction Adjudication: What can you do when it goes wrong?

Dr Simon Foote KC and Bridgette White on DEI and gender equity in law

Bahaman Courts Further Affirm Arbitration of Trust Disputes

Vendors as associates under the Overseas Investment Act 2005 – a door left ajar?

John Hannan: Section 6 of the Employment Relations Act an ‘unruly horse’

Reviewing contractual discretions: the New Zealand Court of Appeal considers the Braganza Test

Quincecare in the Hong Kong Court of Final Appeal

Women in law: reflections on International Women’s Day 2023

Sweating the Assets: Market Efficiency and Infrastructure Development

Kate Davenport KC on the impact of New Zealand’s pandemic response

An interview with Mark Kelly at the end of his term as AMINZ President

Courts, Covid and a possible prescription

Frustrated by Coronavirus? Part 4: How the pandemic is shaping arbitration in real time

Frustrated by Coronavirus? Part 3: How to arbitrate online

Leave granted to appeal to the Supreme Court in regard to trustee privilege

An important Supreme Court competition law case

Frustrated by Coronavirus? Part 2: Arbitration could be the answer

Frustrated by Coronavirus? Part 1: A brief comparison between frustration and force majeure

Law Points Article penned by John

Christine Meechan QC and John Walton present at the Society of Construction Law conference

John Land writes - Competition law issues beneath the surface with mergers for Law Talk May 10 Issue

Appointment to Court of Appeal - David Goddard QC

LawTalk - Commerce Commissionfailed attempt to obtain an interim injunction against Viagogo

Bankside Chambers expands and welcomes another 7 new members

Book Launch for John Katz QC

Bankside Junior Barrister Michael Greenop named third best speaker in the world

A new member at Bankside

Court of Appeal decision in Lodge

Simon Foote appears in the Supreme Court for New Zealand Bar Association on vexed costs issue