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.

Recent articles & video

Lane Neave expands partnership with three additions

High Court allows appeal of land valuation case that would affect the larger kiwifruit industry

Growth of alternative legal services providers is accelerating

Legal Services Commissioner announces key changes to legal aid budget

NWM promotes four to associate, three to senior solicitor

Highlight: 2022 Most Influential Lawyer has been an ‘agent of change’ for years

Most Read Articles

Three bolster PwC Legal partnership

High Court rules that legal aid administration constitutes 'legal services'

Legal Services Commissioner announces key changes to legal aid budget

Highlight: 2022 Most Influential Lawyer has been an ‘agent of change’ for years