Learning Objectives:
- Understand the statutory and common law framework for frustration of contracts in New Zealand
- Learn key lessons from case law, including Planet Kids Ltd v Auckland Council, to avoid common pitfalls
Description
Attend and earn 1 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Chair
Jo-Anne Knight, Partner, Simpson Grierson
Frustration of Contracts: Insights from the Court
- Requirements under section 60 of the Contract and Commercial Law Act 2017
- Common law test for frustration
- Cases and lessons from the Supreme Court (Planet Kids Ltd v Auckland Council [2013] NZSC 147)
- Issues to avoid
Presented by Tina Hwang, Director, Queen City Law
Presenters
Jo-Anne Knight, Partner, Simpson Grierson
Jo-Anne is a partner in the commercial litigation group of Simpson Grierson. She specialises in construction litigation. Jo-Anne has over 20 years' experience acting for contractors, principals, local authorities and consultants in the full range of building and infrastructure disputes. Jo-Anne also advises in the negotiation and drafting of construction contracts with particular emphasis on the allocation of risks within construction contracts, security arrangements and providing tailored mechanisms for avoiding disputes and managing disputes that cannot be avoided in the most effective manner suitable to the particular project or industry. Jo-Anne has represented construction parties and local authorities in well over 100 mediations and judicial settlement conferences. She specialises in adjudications and also appears as counsel in the courts, specialist tribunals and in arbitrations covering the full range of construction issues, including payment disputes, construction defects cases and enforcement of performance bonds.
Tina Hwang, Director, Queen City Law
Tina Hwang is a Director and is the Leader of QCL’s large and award winning Property Team. Tina is also Co-Convenor of The Law Association (previously ADLS) Property Law Committee and member of The Law Association Property Disputes Committee. Tina mainly practises in property, construction and litigation. She has deep and wide experience in virtually all aspects of property law and property development and has been involved in some of New Zealand’s largest property projects. Tina has also developed expertise in construction issues and has presented papers at many New Zealand law seminars on property and construction law. She contributes regularly to the Builders & Contractors Magazine. Tina also speaks fluent Korean. Being client-centric Tina has also taken on numerous employment cases (both employer and employee) and the consequent mediation and settlements. Tina regularly appears in Tribunals and Courts. Clients love working with Tina as she is an excellent communicator, works very efficiently and keeps clients fully informed.