05/06/2020
Prestige Law has announced that it will merge with Meredith Connell, from 1 July...
06/04/2020The people in our organisations are the most valuable assets. In the good times...
Aotearoa New Zealand is an immigrant nation. It also is a young nation. These characteristics make our land thrive and our people innovative and inquisitive.
New Zealand is safe, open and accessible. It is the ideal place for investment opportunities, personal development or creating a new life within a clean, green environment.
New Zealand values the multiple ways immigrants contribute to the country’s economic growth and cultural diversity. In return, our country offers immigrants a higher standard of living and an excellent English language education that could open doors to numerous opportunities in English-speaking nations.
New Zealand can also offer overseas investors key business opportunities in exporting/importing, agriculture, renewable energy resources, biotechnology investment and many more industries.
If you would like to start proceedings or progress them, we can assist you along this journey. We can help you with proceedings for disputes involving:
Where possible, our team will also brainstorm innovative and thoughtful options to resolve your matter outside the Court.
We can assist on a wide range of business transactions. We provide the following services:
We can assist on a wide range of business transactions. We provide the following services:
Whether you are overseas or in New Zealand, an investor, or looking to settle down, we can attend to all your conveyancing needs. We will protect your interests and efficiently prepare your documentation. We are here to assist you in each step of the process, including:
Whether you are overseas or in New Zealand, an investor, or looking to settle down, we can attend to all your conveyancing needs. We will protect your interests and efficiently prepare your documentation. We are here to assist you in each step of the process, including:
We offer expert advice to those planning to visit New Zealand temporarily for education, business, employment or investment purposes; or to immigrate to New Zealand, on their own or with their partner or children, or retiring to New Zealand.
Our services include:
Prestige Lawyers can assist international clients apply for visas and other immigration applications. We can help notarise and authenticate documents that are required for international applicants and businesses.
Prestige Lawyers can assist international clients apply for visas and other immigration applications. We can help notarise and authenticate documents that are required for international applicants and businesses.
JIN V KNOX [2016] NZCA 565
In Jin v Knox [2016] NZCA 565, Prestige Law’s client, who was the Applicant, and another party were equal shareholders in a company. Each party contributed towards the purchase of a property. The agreement between the parties identified the company as purchaser, but it was unable to obtain sufficient finance to complete the purchase. Without the Applicant’s knowledge, the other party incoroporated a company, the Respondent, to settle the purchase. The Applicant was told he would retain 25% share in the property. When the Applicant discovered that the other party did not accept his 25% entitlement, he lodged a caveat asserting beneficial interest by virtue of an implied trust that arose on him providing funds towards the purchase.
Initially, the caveat was not sustained in the High Court. However, at the Court of Appeal, the Court recognised that there was a reasonably arguable case that there is a resulting trust as the Applicant had personally invested in the property, assuming he would jointly acquire the right to purchase it. The Judge also held that Respondent knew of his interest as the other shareholder largely controlled the Respondent’s decisions. The appeal was allowed and caveat sustained.
CHEN V LIN [2016] NZCA 113
In Chen v Lin [2016] NZCA 113, Prestige Law, acting for the Applicant, successfully argued for a Chinese judgment to be enforced in New Zealand. This was the first time ever that this has happened. The Chinese judgment awarded the Applicant with a significant monetary award plus 5 years interest. The Respondent submitted that the Chinese judgment should be unenforceable because of issues in relation to uncertainty and public policy. However, the Court held that the Applicant was correct in its analysis and calculations of the accumulated interests. It further held that the Chinese judgment did not shock the conscience of the reasonable New Zealander.
Tian v Zhang [2016] NZHC 1237, [2016] NZHC 2408
In Tian v Zhang [2016] NZHC 1237, [2016] NZHC 2408, the Prestige Law team acted for the Defendant. It succesfully submitted that the Plaintiff’s English affidavit was invalid under R 9.84 of the High Court Rules. The Court distinguished between the Plaintiff’s ability to engage in “live” discussions in English and his ability to read affidavits. Although, the Plaintiff argued that there was no evidence that he had such an inability or severe difficulty, the Court held that the Plaintiff was “materially illiterate” in English and his full understanding was dependent upon third parties’ advice. The Plaintiff’s affidavit did not satisfy the requirements of both R 9.84 and R 1.15 of the High Court Rules, making his affidavit invalid. The case was reviewed on October 2016 and the decision was deemed correct. This case has been subsequently used as a key precedent for similar issues with affidavits.
