Contract Law: Interpretation and Breach Intensive
This timely programme offers the information, strategies & tools you need to navigate the commercial reality of contractual disputes. Gain effective techniques for dealing with a contractual breach and understand current approaches to interpretation. WEB226NZA07
Description
Attend and earn 2 CPD hours
Chair: Desley Horton, Barrister, Shortland Chambers
2.00pm to 3.00pm Contractual Interpretation
- Current approach of the New Zealand Courts
- Ambiguity and inconsistency
- Variations to contract: is consideration required?
- Correction of mistakes by construction
- The future of contractual interpretation
Presented by Josh Taylor, Partner, Wynn Williams
3.00pm to 4.00pm Breach of Contract: Strategies on Terminating and/or Claiming Damages
When a contract has been breached, a decision needs to be made to terminate or affirm the contract. This decision can be difficult, and, as with most things in the law, can depend on context. Address the questions that may arise:
- What is the nature of the contract and the nature of the breach?
- Is the breach one that allows the contract to be terminated?
- What damages would be claimable for the breach, and do they differ if the contract is affirmed, or terminated?
- Does any value exist by having the contract affirmed?
- What options exist other than termination or claiming damages?
- Has any step been taken that may limit options?
Presented by Kerry Puddle, Special Counsel, K3 Legal Limited
Learning Objectives:
- Be updated on contract interpretation and current approaches by the Court
- Develop a deeper understanding of contract breach, termination, and damages
Presenters
Desley Horton
Desley specialises in commercial and civil litigation. She has advised and acted for parties in a range of disputes, with particular experience in disputes arising from contracts, shareholdings, and trusts and estates. Desley has appeared before a number of courts and specialist tribunals, including arbitrations. Before joining Shortland Chambers, Desley worked at Wilmer Cutler Pickering Hale and Dorr LLP in London, where she was counsel in the firm’s international litigation and arbitration team and acted for clients in a range of complex commercial disputes. Prior to that, Desley was a member of Russell McVeagh’s litigation team in Auckland. Desley graduated from Stanford University with an LLM and the University of Auckland with BA/LLB (Hons) degrees.
Josh Taylor
Josh is a partner in the Firm’s national Dispute Resolution team. He frequently appears in the Court of Appeal, High Court, District Court, and several other specialist statutory or disciplinary tribunals. Josh is experienced in all areas of disputes, handles complex and high value matters, and has particular expertise in construction, property, and insolvency disputes. He acts for developers, head contractors, consultants, and subcontractors on disputed matters that arise both during and following the course of construction; including issues relating to delay, extensions of time and liquidated damages, retentions and performance bonds, variations, and defective works or design. Josh also provides advice on the negotiation and drafting of construction contracts. Josh also regularly handles disputes relating to companies and shareholders, commercial contracts, property rights, negligence, construction contracts, insolvency and director’s duties, alcohol licencing, and contentious trusts and estates. Josh is a member of the Society for Construction Law and the Restructuring Insolvency and Turnaround Association of New Zealand. He was recognised as a Rising Star in the NZ Lawyer Rising Stars List 2020. Outside of work Josh volunteers at Community Law and as a member of the Judicial Committee for the Canterbury Rugby Football Union.
Kerry Puddle
Kerry is a commercial litigator with 12 years’ experience. In recent times Kerry has been involved in contract disputes ranging from a bespoke construction contract for a public building, to a bitterly disputed joint venture based on a hastily handwritten agreement. Kerry’s expertise is in property litigation, including land disputes, commercial leases, building contracts, and personal property. Kerry also has experience in insolvency litigation, egligence and other tortious claims. In June 2022 Kerry will join TWA Legal Ltd, a specialist insolvency and restructuring firm. Kerry previously worked for three boutique firms in Auckland, all having a strong commercial or litigation focus.