Commercial business law

Key ruling on cancelling open-ended contracts
There was a ripple of concern among some New Zealand businesses in 2004 when the High Court found eight years was a reasonable notice period for the termination of a long-term oral contract between two companies in the waste paper business. In this article Bell Gully senior associate Sally Fitzgerald reviews the final judgment in this saga delivered by the Supreme Court earlier this month and offers some practical guidance for businesses to follow in order to avoid finding themselves in a similar litigious battle.

Far-reaching implications for public sector from Auckland labs decision
In March the High Court released its decision in the high profile dispute between competing laboratory service suppliers in Auckland. In this article Bell Gully partners Simon Watt and Mike Colson review the wider implications arising out of this decision for not only public health providers but also for any party involved in public sector procurement processes.

Cancellation: make sure you do it the right way
More often than not, when entering into an agreement the parties' focus is far removed from the cancellation and notice provisions buried among the terms of the document that they sign. A recent case illustrates that those express notice provisions can be costly if not followed to the letter.

Vendor due diligence - an increasing trend in Australasian M&A
The due diligence investigation of a target company in M&A transactions has traditionally been performed by the purchaser's own advisers. In this article Bell Gully partner Jayne Kirton provides some insight into why these investigations are increasingly being performed by the vendor's advisers.

Bell Gully authors New Zealand overview for global M&A publication
Bell Gully has provided an overview and insight into the New Zealand M&A market in the latest edition of global publication PLC Cross-border Mergers and Acquisitions Handbook.

Overseas Investment Office publishes new guidelines for international transactions
This publication provides guidance on the application of the Overseas Investment Act 2005 to international transactions involving sensitive land, significant business assets or investment in fishing quota.

Big changes afoot at LINZ: what you should know about e-dealing
Land Information New Zealand (LINZ) is phasing out manual registration of real property dealings in favour of a new online electronic registration system known as Landonline (or, e-dealing). This means that you will no longer sign paper when you buy, sell or mortgage property.

Enquiries and information

For more information on any of the cases, articles and features in Commercial Quarterly, please email Diane Graham or call her on 64 9 916 8849.

Disclaimer

This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.