Now showing items 11-16 of 16
Radical Change to the Rule Against Penalties in England
This case note, co-authored with one of my Honours students, draws attention to a significant English decision that changed the law on penal clauses in contracts.
Westpac v Chahil: Sometimes Words Just Mean What They Say
This case note uses the decision of Westpac v Chahil to demonstate that the plain meaning of words can still prevail under the modern approach to contract interpretation.
Unwritten Constitutions of Incorporated Societies: A Critical Examination of the Treatment of Tikanga in Tamaki v Māori Women's Welfare League Inc
This article critically considers a High Court decision that found that an incorporated society’s tikanga should be on equal footing with the society’s written constitution, from the point of view of consistency with the ...
Intrusion Upon Seclusion
This case note considers the possibility of exemplary damages in cases of the then-newly recognised tort of intrusion upon seclusion.
What is the Place of Corrective Justice in Criminal Justice?
This article examines the performance of corrective justice, traditionally associated with private law, through the sentence of reparation in the criminal justice process
Overturning the Social Contract?
This short article examines the significance of Parliament’s overturn of a Supreme Court decision on the relationship between reparation and ACC entitlements.