What is the scope of penalty rule in New Zealand?

Expert explores implications of the recent High Court decision in the Honey Bees case

What is the scope of penalty rule in New Zealand?

The Honey Bees case provides clarity on the way that penalties are being interpreted by the New Zealand courts.

Nick Gillies, Partner at Hesketh Henry, will explore the High Court’s approach and how it applies to contracts in New Zealand in the upcoming Contract Law Masterclass in Auckland.

Gillies will first provide an overview of Honey Bees Preschool Limited v 127 Hobson Street Limited; then explore how New Zealand courts are deciding whether a clause is really a penalty; and how the court determines the bargaining power of the parties.

The session will also discuss lessons for the drafting of enforceable clauses: deterrence versus punishment; comparing the likely loss and the stipulated sum of damages clause; what constitutes a legitimate interest which a payment obligation on breach is seeking to protect; and what a proportionate sum looks like.

To find out what else is on the masterclass agenda, click here.

Book and pay by 30 November to save $200 on passes with the Super Saver offer. For the best rate, take advantage of our Team Pass offer and bring three of your team for the price of two. 

The Contract Law Masterclass will be held on Thursday 7 March 2019 at the Hilton Auckland.

All legal practitioners can claim up to 6 CPD points.

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