Mr Shaun Maloney

Shaun Maloney

Updates

Litigation

Law change to aid Australia-New Zealand proceedings
New Zealand | 22 March 2011

The Trans-Tasman Proceedings Act is intended to support closer economic ties with Australia through commercial regulatory enforcement, and aims to make it easier for individuals and businesses to resolve trans-Tasman legal disputes through the courts. Trans-Tasman litigation will be different from New Zealand litigation involving parties in other countries.

Supreme Court clarifies Commerce Commission's information-gathering powers
New Zealand | 20 October 2009

The Supreme Court has recently clarified the circumstances in which New Zealand's competition regulator can exercise its information-gathering powers. It held that the Commerce Commission cannot issue an information-gathering Section 98 notice and have its power to do so judged retrospectively by reference to what it may discover from a 'fishing expedition' under that notice.

Indefeasibility of Title and the Problem with All-Obligations Mortgages
New Zealand | 27 January 2009

Until recently, it was unclear whether the principle of indefeasibility of title extended beyond the registered memorandum of an all-obligations mortgage to an unregistered loan agreement recording the debt that it secures. The Court of Appeal has ruled in a preliminary case that such collateral documents are not indefeasible unless they are sufficiently incorporated into the registered memorandum.

Private Client & Offshore Services

Tracing assets: courts still following new path
Jersey | 16 May 2013

The Court of Appeal recently endorsed the approach taken by the Royal Court in its landmark judgment on the circumstances under which proprietary claims may be established and assets traced. In so doing, the appellate court has expressly acknowledged that in future it will be making an evaluative judgment where it is asked to treat one asset as representing or being a substitute for the plaintiff's original property.

Settlor awarded costs on trustee indemnity basis in landmark judgment
Jersey | 21 March 2013

The Royal Court recently delivered a landmark decision on the ability of non-trustee fiduciaries to recover the costs that they incur in connection with the discharge of their fiduciary functions. The court found that the costs of administrative proceedings incurred by a settlor with reserved fiduciary powers were recoverable out of the trust fund on a 'trustee indemnity' basis.

Shipping & Transport

Who Is the Master? Court of Appeal Rules on Duty to Report Accidents
New Zealand | 18 November 2009

The Maritime Transport Act 1994 provides that the master of a New Zealand ship - or the master of a foreign ship in New Zealand waters - must notify New Zealand's maritime safety authority as soon as is practicable when the ship is involved in an accident or incident. The High Court recently examined the meaning of the term 'master' under the act.

White Collar Crime

Tracing assets: courts still following new path
Jersey | 13 May 2013

The Court of Appeal recently endorsed the approach taken by the Royal Court in its landmark judgment on the circumstances under which proprietary claims may be established and assets traced. In so doing, the appellate court has expressly acknowledged that in future it will be making an evaluative judgment where it is asked to treat one asset as representing or being a substitute for the plaintiff's original property.