We are delighted to announce that, on 1 January 2020, Amanda Hyde joined the Keegan Alexander partnership.

Amanda was admitted to the bar in 2010. She began her career in the legal team at the Ministry of Justice, subsequently moving to Chen Palmer where she practised public law. Amanda joined Keegan Alexander in 2013 where she has remained ever since, working in civil litigation.

Practising primarily in the High Court, Amanda has also appeared in the Family Court and District Court, and has argued appeals in the Court of Appeal and Supreme Court. She has appeared both as principal counsel and in support of senior counsel instructed by the firm. Amanda has worked across a broad range of matters, but has particular expertise in public/administrative law, intellectual property, extradition law, and trusts/estate disputes.

Her most recent accomplishments include:

• Appearing in the Supreme Court on behalf of two of the defendants in the long-running Dotcom litigation, with responsibility for arguing a significant aspect of the case for our clients;
• Succeeding on appeal in the Sealegs copyright infringement action against Orion Marine and Smuggler Marine, having drafted the written submissions on appeal and shouldered a portion of the oral argument in the Court of Appeal;
• Successfully arguing an application to strike out causes of action in a complex trust dispute.

In her seven years at the firm, Amanda has worked tirelessly in key roles in a wide variety of challenging cases. She has a genuine enthusiasm for legal practise, and an unwavering commitment to client service.

We congratulate Amanda on her achievements and welcome her to the partnership.

Negligent Drivers and Rental Cars

 

Liability for rental car costs

The law determining when a negligent party is liable to meet an innocent party’s cost of hiring a rental car in New Zealand is reasonably clear.  Where the innocent party needs to hire a rental car while his or her car is being repaired, (i.e. the innocent party is not in hospital or otherwise indisposed at the time), the negligent driver is liable for the hire cost as long as the rental car is broadly comparable and the cost is reasonable.

Now let’s add another factor to this scenario.  Let’s say a wealthy friend of the innocent party offers to hire his spare car to that party at the current hire rate for rental cars.  The wealthy friend requires the innocent party to sign a contract to this effect.  The contract also appoints the friend as the innocent party’s agent allowing the friend to use his best endeavours to recover the hire cost from the negligent party. If the innocent party does recover the cost, he or she must pay the money over to the friend.  If the innocent party does not recover the cost, then the innocent party must pay the hire cost to the wealthy friend.
[Read more…]

Why the insurers of the NZ International Convention Centre that recently caught fire should be ‘happy’ about the claim

Insurance as a product transfers the risk of loss from the insured to the insurer.  However, insurance as a business is about much more than that; it is primarily about balancing a key ratio. It must be, otherwise for the reasons set out below the business would no longer exist.

The balancing act

The risks that insurers take on must be risks that consumers and businesses feel a real exposure to.  If the chance of a loss resulting from an insured risk is too remote, no one will want to pay money to transfer it.  Every time a loss occurs as a result of an insured risk, the insurance product is validated.  The need for it is reinforced.  Sales are encouraged. [Read more…]

NSW Court of Appeal resolves a long-standing debate about the interpretation of a business interruption policy

Loss of Gross Profit

To those inexperienced in business interruption claims, the formulae stated in the policy to calculate the different types of financial losses insured under the policy may appear daunting.  However, once explained, the principles behind the calculations are logical and mostly straightforward.

The most common claim is for loss of gross profit.  If the turnover of my business reduces because my machinery is damaged, broadly three calculations determine how much gross profit I have lost: [Read more…]

How using the word ‘defective’ in an exclusion when insuring ‘damage’ can lead to an unintended outcome

In a lesson in the importance of drafting insurance policies carefully, the Auckland High Court recently held that an exclusion in a construction policy did not apply in circumstances where the insurer thought it should have applied. [Read more…]