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2017 - 2018 Legal Review: Selected Decisions and Developments

Paul David QC
Sports / Anti-DopingANZSLA Symposium | Christchurch, NZ | 2018

Abstract

Paul recently gave a presentation for the 2018 ANZSLA symposium reviewing the law in the previous year in the sports law area. The presentation is available here...

ADLS Contract Law Seminar: Damages For Breach Of Contract

Paul David QC
Contract LawADLS Seminar | November 2008

Abstract

This paper primarily considers 2 recent decisions in the United Kingdom courts. Both illustrate the difficulties which can arise in applying the established general principles concerning the assessment of awards of damages for breach of contract. Both are relevant to a jurisdiction such as ours in which the common law principles are applied to the assessment of damages...

The Role of the Expert in Maritime Matters

Paul David QC
Maritime Law21 May 2010

Abstract

This paper provides a short outline of the key legal and practical considerations concerning the preparation and presentation of expert opinion evidence. The points are of general application and will arise in maritime disputes where experts are instructed, just as they do in many other fields...

The Constitution of Limitation Funds: Towards Certainty and Coherence?

Paul David QC
Contract LawMLAANZ Conference | 2014

Abstract

This short paper outlines recent developments in one important aspect of the law of limitation - the constitution of a limitation fund...

The World Anti-Doping Code 2015 - Major Changes

Paul David QC
Sports / Anti-DopingANZSLA Symposium | 10 July 2015

Abstract

The World Anti-Doping Code 2015 contains significant changes to the Anti-Doping regime applicable in New Zealand and throughout the sporting world...

The Rise of Arbitration in the World of Sport

Paul David QC
Sports / Anti-DopingAMINZ Conference | 2013

Abstract

A paper for the 2013 AMINZ conference on the rise of arbitration in sport worldwide and the challenges...

Over the past 25 years there has been a significant rise in the use of independent arbitral tribunals to decide sporting disputes. At the international level this has centred on the creation and continued development of the Court of Arbitration for Sport (CAS) which is a private international arbitration institution based in Lausanne, Switzerland.

At the national level and under the rules and regulation of sporting organisations themselves, there has also been a corresponding rise in the use of tribunals (usually with appeals to CAS). These tribunals, like CAS, have jurisdiction by agreement and this agreement will often amount to an agreement to arbitrate disputes. In New Zealand, we have seen the creation of a statutory Sports Tribunal with jurisdiction by agreement over various sports related disputes. The position which has been reached as a result of these developments is that most disputes in the world of sport will today be determined by an arbitral tribunal...

Carriage Of Goods By Sea Under The Hague-Visby Rules – Getting Back On Course?

Paul David QC
Maritime Law37th Annual MLAANZ Conference | Melbourne, Australia | 13-15 October 2010

Abstract

In a succinct single judgment, the Supreme Court has held that the charterer and operator of a vessel called the Tasman Pioneer was entitled to rely on the exclusion in Article 4.2(a) of the Hague-Visby Rules (“HVR”). The Court held that the immunity from liability applied, on its natural, ordinary meaning, where containerised deck cargo was lost and damaged as a result of the reprehensible conduct of the master of the ship after it had grounded off the coast of Japan...

Contract Law - Review Of Recent Cases

Paul David QC
Contract LawAuckland District Law Society Inc. Seminar | Crowne Plaza, Albert Street, Auckland | 17 June 2010

Abstract

This review covers some significant recent contract law decisions over the last year or so . In that period a number of contract cases have reached the Supreme Court. While there have been decisions in areas of substantive law, such as the requirements for the application of the Contracts Privity Act 1982, most of the recent decisions continue to reflect the related difficulties of expressing meaning clearly in contractual provisions and of determining meaning where a dispute arises between contracting parties...

Drugs In Sport - Recent Developments In A Fast Changing Area

Paul David QC
Sports / Anti-Doping19th Annual ANZSLA Conference: “The Price Of Sport” | 7-9 October 2009

Abstract

Anti-doping has come a long way in a short period of time - the WADC 2003 contractual scheme (supported by UNESCO Convention against Doping in Sport at State level, currently 120 ratifications) has created harmony and consistency...

Environmental and Resource Management Law, 5th edition

Derek Nolan (editor) | Paul David QC (contributing author)
Text BookLexisNexis | ISBN: 9781927248997 | 2014

Abstract

The fifth edition of this important text provides complete coverage of New Zealand's legislation and case law in the environmental and resource management law field. Environmental and resource management law is a major component of modern legal practice. Paul contributed the chapter "Marine Pollution".

Introduction To The Law Of Contract

Paul David QC
Contract LawUniversity Of Auckland | 2011

Abstract

The aim of this short course is to provide an introduction to the central principles of New Zealand contract law. The law of contract underpins both small and large-scale economic activity. Buying a candy bar, the purchase of a home, the lease of a factory or the chartering of a ship, are all dependent upon contract law. In New Zealand, legal principles are founded on the principles developed at common law in England...

Halsbury’s Laws of New Zealand: Maritime Law – Admiralty

Paul David QC (contributing author)
Text BookLexisNexis | 2003

Abstract

Paul wrote the text on Maritime Law - Admiralty. The LONZ provides a reliable statement of the whole of the law of New Zealand - statutory, regulatory, and judicial. It is a comprehensive source of primary comment required by practitioners and academics alike.

The Hearing Of Sporting Disputes - A Quiet Revolution?

Paul David QC
Sports / Anti-DopingLegal Research Foundation Seminar | Hyatt Regency, Princes Street, Auckland | 11 November 2009

Abstract

A period of about 15 years has passed since the Legal Research Foundation last held a seminar dealing with legal issues affecting sport. The topics covered in that seminar - anti-doping regimes, employment contracts, the conduct of disciplinary hearings by sporting tribunals – still produce a range of legal issues, and in each area, there has been a great deal of legal development. Around the time of the last seminar, it was fairly predictable that the development of sport in economic terms, and the ever increasing importance of sport for individuals and societies, would create a new field for lawyers. However, the way in which sports disputes are handled has seen a quiet revolution at the international and national level which was, perhaps, harder to predict...

The Search For Oil In New Zealand Waters: Work To Be Done?

Paul David QC
Maritime LawAustralian & New Zealand Maritime Law Journal | 2011

Abstract

New Zealand is currently committed to unlocking the petroleum potential within its waters. The government introduced the Petroleum Action Plan (‘Plan’) in November 2009 which aims to lift the value of petroleum exports from NZ$3 billion (as at November 2009) to NZ$30 billion by 2025. Currently, some new permits for exploration have been granted. The work under the five year exploration permit granted to the Brazilian oil and gas company, Petrobras, in June 2010 to explore a 12 333 square kilometre block of sea bed in the Raukumara Basin off the East Cape of the North Island, has recently become headline news as a result of protest actions by environmentalists and iwi which have sought to disrupt the work of the Petrobras seismic survey ship...

A Guide to the World Anti-Doping Code: A Fight for the Spirit of Sport, 2nd Edition

Paul David QC
Text BookCambridge University Press | ISBN: 9781107003460 | February 2008

Abstract

The World Anti-Doping Code is an international agreement which together with International Standards produced by the World Anti Doping Agency has sought to harmonise the regime for dealing with doping in sport. The book aims to provide a guide to the Code and the amended Code 2009 for use by administrators, athletes and advisers.

The World Anti-Doping Code – Current Issues

Paul David QC
Sports / Anti-Doping21st Annual ANZSLA Conference: “Drawing The Line: Ethics In Sport” | Queenstown | 12-14 October 2011

Abstract

The World Anti-Doping Code (“Code”) has played a very important part in bringing about a global harmonised approach to doping. As with any agreement which seeks to provide a common internationally applicable set of rules, the challenge which the Code faces is to maintain an approach which all concerned parties support. In recent times, there has been a developing debate between those who consider that the regime under the Code perhaps produces too many “unfair” results involving athletes who cannot be said to be cheats, and those who consider that the Code is, in fact, not strict enough. We will hear both sides of this in our discussions today...