Add to ORKGAn award of damages in lieu of an injunction can have vast and far-reaching consequences. It can undermine legal rights by permitting an offensive activity.. On the other hand, that activity may benefit society through employment or public utility, and awarding damages in lieu would allow society to be better off than if an injunction was awarded. For over a century, the court's discretion to award damages in lieu was restricted in Shelfer v City of London Electric. The UK Supreme Court in Lawrence v Fen Tigers did away with the restrictions around the discretion, opening up the area to an endless range of considerations. This essay examines the position of damages in lieu in New Zealand. A range of different jurisdictions are examined, le...
This paper considers what the consequences should be when the right to be “tried without undue delay...
From the 1970s onward there have been numerous attempts to persuade the courts of New Zealand that u...
The author examines the New Zealand Court of Appeal’s reasoning in Holler v Osaki [2016] NZCA 130. T...
Exemplary damages are an exceptional and controversial civil remedy.1 Though private litigation gene...
This paper argues that courts should recognise unjust enrichment as a cause of action, mainly due to...
New Zealand’s accident compensation scheme replaced compensatory damages for personal injury with a ...
Equitable compensation, founded in the inherent jurisdiction of equity, is becoming a more regularly...
An infringement of copyright can lead to the payment of damages over and beyond those necessary to c...
Since their origins in the 14th century, injunctions have, by design, coerced landowners to resolve ...
Direct review by the Courts (e. g . by prerogative writs) of Executive acts and decisions generally ...
In the decision of Morris v Robert Jones Investments Ltd [1994] 2 NZLR 275, the New Zealand Court of...
Punitive damages are private law's most controversial remedy. This book traces the development of th...
In light of expanding international trade, it is increasingly likely that politicians, courts and tr...
An analysis of the Supreme Court's treatment of equitable damages in Coventry v Lawrenc
The threshold requirement of reputational harm for bringing a defamation claim needs clarification. ...
This paper considers what the consequences should be when the right to be “tried without undue delay...
From the 1970s onward there have been numerous attempts to persuade the courts of New Zealand that u...
The author examines the New Zealand Court of Appeal’s reasoning in Holler v Osaki [2016] NZCA 130. T...
Exemplary damages are an exceptional and controversial civil remedy.1 Though private litigation gene...
This paper argues that courts should recognise unjust enrichment as a cause of action, mainly due to...
New Zealand’s accident compensation scheme replaced compensatory damages for personal injury with a ...
Equitable compensation, founded in the inherent jurisdiction of equity, is becoming a more regularly...
An infringement of copyright can lead to the payment of damages over and beyond those necessary to c...
Since their origins in the 14th century, injunctions have, by design, coerced landowners to resolve ...
Direct review by the Courts (e. g . by prerogative writs) of Executive acts and decisions generally ...
In the decision of Morris v Robert Jones Investments Ltd [1994] 2 NZLR 275, the New Zealand Court of...
Punitive damages are private law's most controversial remedy. This book traces the development of th...
In light of expanding international trade, it is increasingly likely that politicians, courts and tr...
An analysis of the Supreme Court's treatment of equitable damages in Coventry v Lawrenc
The threshold requirement of reputational harm for bringing a defamation claim needs clarification. ...
This paper considers what the consequences should be when the right to be “tried without undue delay...
From the 1970s onward there have been numerous attempts to persuade the courts of New Zealand that u...
The author examines the New Zealand Court of Appeal’s reasoning in Holler v Osaki [2016] NZCA 130. T...