Specialist Expertise
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Lender and Insolvency
Acting for banks and insolvency practitioners on a large range of debt collection, restructuring and insolvency matters including priority disputes and director claims
Contract and Company
Complex contractual disputes and corporate law matters, including breach and termination issues, shareholder disputes, agency, frustration and statutory compliance
Competition and Fair Trading
Acting for parties in claims under the Commerce Act and the Fair Trading Act
Judicial Review and Statutory Appeals
Acting for and against decision-makers concerning the validity of their decision-making
IP and Media
Acting on a range of intellectual property and media matters, including various copyright claims and defamation disputes
Conflict of laws
Acting for both plaintiffs and defendants in respect of cross-border commercial issues and the international enforcement of foreign judgments
Land law
Experienced in a range of land law disputes including the removal of caveats, priority issues, public works acquisitions and mortgagee sales
Insurance Law
Advising on interpretation issues and acting for insureds in respect of various claims against professionals
Relevant Court Judgments
| Case | Date | Court | Led by (if any) | Description | Expertise |
|---|---|---|---|---|---|
| Lun v Kong [2023] NZHC 1370 | 2023-06-01 | HC | Application to set aside protest to jurisdiction | Conflict of laws | |
| CSR Pokeno Ltd v Yes Investment NZ Ltd [2023] NZHC 598 | 2023-03-24 | HC | Opposed application for leave to appeal interlocutory decision declining injunctive relief | Contract | |
| Island Grace (Fiji) Ltd (In rec and in liq) v Satori Holdings Ltd (In interim liq) [2023] NZHC 219 | 2023-02-17 | HC | Protest to jurisdiction and opposition to liquidation in cross-border context | Conflict of laws | |
| Clarke v Fourth Estate Holdings (2012) Ltd [2022] NZHC 3321 | 2022-12-02 | HC | Decision on meaning in the context of a defamation claim | Media | |
| Mao v Buddle Findlay [2022] NZHC 2885 | 2022-11-04 | HC | Prevention orders under s 166 of the Senior Courts Act 2016 | Lender | |
| MY Templar v Parsons [2022] NZHC 1189 | 2022-05-26 | HC | Application to set aside statutory demand | Lender | |
| Clarke v Fourth Estate Holdings (2012) Ltd [2022] NZHC 649 | 2022-04-01 | HC | Application for a separate meanings hearing, in the context of a defamation claim | Media | |
| Mao v Buddle Findlay [2022] NZHC 521 | 2022-03-22 | HC | Strike out and summary judgment concerning res judicata and abuse of process | Lender | |
| Gao v Zespri Group Ltd [2022] NZSC 13 | 2022-03-01 | SC | Leave to appeal declined re Zespri's action for breaches of the Plant Variety Rights Act | IP; Contract; Conflict of Laws | |
| Commerce Commission v Kordia Group Ltd [2021] NZHC 2777 | 2021-10-15 | HC | Case stated about statutory interpretation of TDL levy provisions in the Telecommunications Act 2001 | Public Law; Media | |
| Sgargetta v ASB Bank Ltd [2021] NZCA 459 | 2021-09-10 | CA | Appeal by guarantor of summary judgment, concerning set off arguments about sale at undervalue | Contract; Lender; Insolvency | |
| Gao v Zespri Group Ltd [2021] NZCA 442, [2022] 2 NZLR 219, [2021] NZCCLR 15, (2021) 165 IPR 161 | 2021-09-07 | CA | Appeal upholding award of damages to Zespri for breaches of the Plant Variety Rights Act and breach of contract; considering issues of hearsay, cross-border conduct and user damages | IP; Contract; Conflict of Laws | |
| Shanghai Julianneng Trading Co Ltd v Miraka Ltd [2020] NZCA 442 | 2020-09-21 | CA | Leave to appeal under the Arbitration Act 1993, Schedule 2, clause 5(6) | Contract | |
| Milk New Zealand (Shanghai) Co Ltd v Miraka Ltd [2020] NZHC 697 | 2020-04-06 | HC | Leave to appeal under the Arbitration Act 1993, Schedule 2, clause 5(5) | Contract | |
| Zespri Group Limited v Gao [2020] NZHC 681 | 2020-04-03 | HC | Judgment on application to stay execution pending appeal and considering the "Angel Bell" exception to freezing orders in a post-judgment context | IP; Contract; Conflict of Laws | |
| Commerce Commission v Aurora Energy Ltd [2020] NZHC 610 | 2020-03-23 | HC | Acting for the Commerce Commission to obtain a penalty for contraventions of quality standards imposed under Part 4 of the Commerce Act 1986 | Electricity; Competition | |
| Zespri Group Limited v Gao [2020] NZHC 109, (2020) 151 IPR 495 | 2020-02-10 | HC | Damages awarded to Zespri for breaches of the Plant Variety Rights Act and breach of contract, involving cross-border conduct and Mr Gao's illegitimate exploitation of PVRs in China | IP; Contract; Conflict of Laws | |
| Driver v Radio New Zealand Ltd [2019] NZHC 3275 | 2019-12-12 | HC | Strike out of defamation claims as out of time based on constructive knowledge, and consideration of the extent to which breach of privacy claims are arguable | Media | |
| Milk New Zealand (Shanghai) Co Ltd v Miraka Limited [2019] NZHC 2713 | 2019-10-23 | HC | Appeal from an arbitrator's award of damages for a purchaser's breach of minimum volume obligations in a supply contract. | Contract | |
| Commerce Commission v Vector Limited [2019] NZHC 540 | 2019-03-22 | HC | J Every-Palmer QC | Acting for the Commerce Commission to obtain a penalty of $3,575,000 for contraventions of quality standards imposed under Part 4 of the Commerce Act 1986 | Electricity; Competition |
| Vector Limited v The Electricity Authority [2019] NZCA 49, [2019] 3 NZLR 19 | 2019-03-13 | CA | A R Galbraith QC | Decision about the respective roles of the Electricity Authority and the Commerce Commission in regulating electricity distributors. | Electricity; Public Law; Judicial Review |
| Re General Electric International Inc [2018] NZHC 3368, (2018) 12 NZCLC 98-069 | 2018-12-17 | HC | Appeal of a decision by the New Zealand Registrar of Companies, about an exemption from filing audited financial statements. | Company; Judicial Review | |
| Vector Limited v The Electricity Authority [2018] NZCA 543, [2019] 3 NZLR 1, [2019] NZAR 60 | 2018-11-30 | CA | A R Galbraith QC | Decision about the scope of the Electricity Authority's jurisdiction to seek more standardisation in electricity distribution agreements. | Electricity; Public Law; Judicial Review |
| Sky Network Television Ltd v My Box NZ Ltd [2019] 2 NZLR 411 (HC), (2018) 136 IPR 341 | 2018-10-25 | HC | Obtaining summary judgment under the Fair Trading Act about the illegality of pre-loaded Kodi boxes. | IP; Media; Fair Trading | |
| City Financial Investment Co (New Zealand) Ltd v Transpower New Zealand Ltd [2018] NZHC 1488 | 2018-08-06 | HC | Acting for the Electricity Authority in an appeal and judicial review of the Authority's decision about alleged Code breaches concerning the HVDC link. | Electricity; Public Law; Judicial Review | |
| Gibson v Mobil Oil New Zealand Ltd [2018] NZHC 41 | 2018-02-01 | HC | R B Stewart QC | Acted for administrators to obtain a determination about the proper interpretation of the terms of a deed of company arrangement ("DOCA"). | Contract; Insolvency |
| Miraka Limited v Milk New Zealand (Shanghai) Co Limited [2017] NZHC 2163 | 2017-09-08 | HC | Acted for the plaintiff in a summary judgment proceeding concerning take or pay and arbitration clauses. | Contract | |
| Vector Limited v The Electricity Authority [2017] NZHC 1774; | 2017-07-31 | HC | A R Galbraith QC | Declaratory judgment application about the respective roles of the Electricity Authority and the Commerce Commission in regulating electricity distributors. | Electricity; Public Law; Judicial Review |
| Jackson v Porwal [2017] NZHC 1514 | 2017-07-03 | HC | Obtaining freezing and ancillary disclosure orders against guarantors. | Lender; Insolvency | |
| Unison Networks Limited v Solar City Ltd [2017] NZHC 1343 | 2017-06-19 | HC | Acting for the Electricity Authority in a Part 20 appeal against a decision of the Rulings Panel concerning the Ruling Panel's jurisdiction to hear Code disputes. | Electricity; Public Law; Judicial Review | |
| Spark New Zealand Trading Ltd v Commerce Commission [2017] NZHC 238 | 2017-02-22 | HC | TC Weston QC | Acting for SKY in respect of an application to stay the effect of a Commerce Commission clearance decision pending appeal. | Competition |
| Gibson v Solid Energy New Zealand Ltd [2016] NZHC 2939 | 2016-12-06 | HC | R B Stewart QC | Application for directions about interpretation of a clause in a deed of company arrangement ("DOCA") concerning standing to vote on variations. | Contract; Lender; Insolvency |
| Trustpower Limited (formerly Bay Energy) v Electricity Authority [2016] NZHC 2914, [2017] 2 NZLR 253 | 2016-12-02 | HC | A R Galbraith QC | Judicial review concerning the validity of a consultation process. | Electricity; Judicial Review |
| Cargill International S.A. v Solid Energy New Zealand Ltd [2016] NZHC 1817 | 2016-08-05 | HC | R B Stewart QC | Acted for the administrators in a challenge to the validity of a deed of company arrangement ("DOCA"). | Lender; Insolvency |
| Splice Fruit Ltd v New Zealand Kiwifruit Board [2016] NZHC 864, [2016] NZAR 680 | 2016-07-07 | HC | Judicial review of regulator's decision to decline an application for collaborative marketing. | Judicial Review | |
| Cadre Investments Ltd v Activedocs Ltd [2016] NZHC 1489 | 2016-07-01 | HC | Proceedings to determine the rights attaching to preference shares. | Company; Contract | |
| Ferrer-Aza v NZONE Race Management Ltd [2016] NZHC 885 | 2016-05-04 | HC | Summary judgment application about release and exclusion clauses. | Contract | |
| Vector Ltd v Transpower New Zealand Ltd [2015] NZHC 2959 | 2015-11-25 | HC | Issue of whether an exemption appeal should be transferred directly to the Court of Appeal to be heard with a declaratory judgment appeal. | Electricity; Public Law; Judicial Review | |
| Commerce Commission v Enviro Waste Services Ltd [2016] NZCCLR 9 (HC) | 2015-11-24 | HC | Penalty hearing about Commerce Act breaches. | Competition | |
| Cantara Limited v Bank of New Zealand [2015] NZHC 2775 | 2015-11-09 | HC | Summary judgment for the defendant in respect of lender liability claims. | Lender; Contract | |
| Retail Ready Logistics Ltd (In liq) v Bank of New Zealand [2015] NZHC 2682 | 2015-10-30 | HC | Obtaining security for costs in respect of claim by company in liquidation. | Lender; Insolvency | |
| Focus Genetics Ltd Partnership v Soldiers Trading Ltd [2015] NZHC 2127 | 2015-09-03 | HC | Interim injunction pending determination of contractual disputes. | Contract | |
| Cox v Auckland Council [2015] NZHC 1878 | 2015-08-10 | HC | Dispute about whether a settlement precluded further claims arising from the acquisition of land for public works. | Contract; Land | |
| Vector Ltd v Transpower New Zealand Ltd [2014] NZHC 3411 | 2014-12-24 | HC | A R Galbraith QC | Acting for the Electricity Authority in an application for a declaratory judgment about statutory interpretation. | Electricity; Public Law; Judicial Review |
| Geneva Healthcare Ltd v Essential Assets Ltd (2014) 15 NZCPR 826 | 2014-12-16 | HC | Sustaining caveats, involving issues of intention to contract and electronic signatures. | Contract; Land | |
| Nestlé New Zealand Ltd v Mars New Zealand Ltd [2014] NZHC 1837 | 2014-08-06 | HC | A claim about whether attribute claims on cat food packaging were misleading and deceptive. | Fair Trading | |
| Fortes v Bank of New Zealand [2014] NZCA 346 | 2014-07-24 | CA | Summary judgment granted in favour of the bank upheld by Court of Appeal. | Lender; Contract | |
| Re Postie Plus Group Ltd [2014] NZHC 1337 | 2014-06-13 | HC | Extension of time for Watershed Meeting. | Lender; Insolvency | |
| Kim v STX Pan Ocean Co Ltd [2014] NZHC 845 | 2014-05-29 | HC | Acting for overseas shipping company (in administration) in respect of ship arrests in New Zealand and cross-border insolvency issues. | Conflict of Laws | |
| Mawhinney v Registrar-General of Land [2014] NZCA 22 | 2014-02-20 | CA | Application for extension of time to appeal decision about security. | Company; Land | |
| Planet Kids Limited v Auckland Council [2013] NZSC 147, [2014] 1 NZLR 149; (2013) 14 NZCPR 694 (SC) | 2013-12-17 | SC | J A Farmer QC | Case about whether a contract was frustrated by the termination of a lease. Court of Appeal decision overturned by the Supreme Court. | Contract; Land |
| Mawhinney v Nags Head Horse Hotel Ltd [2013] NZSC 120 | 2013-11-14 | SC | Leave declined in respect of judgment about dispute over mortgage priorities. | Contract; Land | |
| Hart v ANZ Bank New Zealand Ltd [2013] NZHC 2839 | 2013-10-29 | HC | Application for interim injunction to restrain mortagee sales. | Lender; Insolvency; Land | |
| Bank of New Zealand v Fortes [2013] NZHC 2188 | 2013-08-28 | HC | Summary judgment against a debtor involving alleged misconduct of debtor's agent. | Lender; Contract | |
| Mawhinney v Nags Head Horse Hotel Ltd [2013] NZCA 401, (2013) 14 NZCPR 759 | 2013-08-27 | CA | Court of Appeal upheld the High Court decision about mortgagee priorities. | Contract; Land | |
| Nags Head Horse Hotel Ltd v Forest Trustee Ltd [2012] NZHC 3271 | 2013-06-24 | HC | Acted for mortgagee in priority dispute and to obtain orders for registration of a priority instrument. | Contract; Land | |
| Mawhinney v Nags Head Horse Hotel Ltd [2013] NZHC 1530 | 2013-06-24 | HC | Successfully opposed application to sustain three caveats. | Contract; Land | |
| Cox v Auckland Council [2013] NZHC 1459 | 2013-06-11 | HC | Strike out of claim for compensation for Public Works acquisition. | Land; Contract | |
| ANZ Bank New Zealand Ltd v Mawhinney [2013] NZHC 1050 | 2013-05-09 | HC | Obtained orders to remove caveat. | Contract; Land | |
| Hart v ANZ Bank New Zealand [2013] NZSC 44 | 2013-05-01 | SC | Mr Hart's application to Supreme Court declined. | Contract; Lender; Insolvency; Land | |
| Planet Kids Limited v Auckland Council [2013] NZSC 36 | 2013-04-18 | SC | Leave to appeal granted in case about whether a contract was frustrated by the termination of a lease. | Contract; Land | |
| Hart v ANZ Bank New Zealand Ltd [2013] NZSC 27 | 2013-04-11 | SC | Leave to appeal to Supreme Court declined concerning Mr Hart's adjudication, and Court of Appeal's decision to strike out for non-payment of security. | Lender; Insolvency | |
| Hart v ANZ Bank New Zealand [2013] NZCA 94 | 2013-04-10 | CA | Application to adjourn hearing of summary judgment appeal, declined on basis that appeal abandoned by Official Assignee. | Contract; Lender; Insolvency; Land | |
| Mawhinney v Nags Head Horse Hotel Ltd [2013] NZHC 369 | 2013-02-28 | HC | Application for access for landlocked land, involving issues of standing. | Land | |
| Hart v ANZ Bank New Zealand Ltd [2013] NZCA 20 | 2013-02-19 | CA | Appeal of High Court order adjudicating Mr Hart bankrupt struck out for non-payment of security. | Lender; Insolvency | |
| Hart v ANZ Bank New Zealand Ltd [2013] NZCA 94 | 2013-02-12 | CA | Application re waiver of security. | Lender; Insolvency | |
| Re ANZ Bank New Zealand Ltd, ex parte Hart [2012] NZHC 3464 | 2012-12-17 | HC | Obtained order adjudicating Mr Hart bankrupt. | Lender; Insolvency | |
| Planet Kids Limited v Auckland Council [2012] NZCA 562, [2013] 1 NZLR 485, (2012) 13 NZCPR 683, [2013] NZCCLR 3 | 2012-11-30 | CA | Court of Appeal upheld decision of High Court that a contract for a Public Works acquisition was frustrated by a fire terminating the lease. | Contract; Land | |
| Hart v ANZ Bank New Zealand Ltd [2012] NZHC 3195 | 2012-11-28 | HC | Challenge to exercise of mortgagee's power of sale, seeking stay of execution. | Lender; Insolvency; Land | |
| ANZ Bank New Zealand Ltd v Hart [2012] NZHC 2839; | 2012-10-29 | HC | Summary judgment granted for more than $20 million. | Contract; Lender; Insolvency; Land | |
| Nags Head Horse Hotel Ltd v Forest Trustee Ltd [2012] NZHC 2767 | 2012-10-19 | HC | In a proceeding about mortgage priorities, an appliction for third party joinder. | Contract; Land | |
| Nags Head Horse Hotel Ltd v Forest Trustee Ltd [2012] NZHC 2748 | 2012-10-18 | HC | Application for interim injunction pending resolution of mortgagee priority dispute. | Contract; Land | |
| Hart v ANZ Bank New Zealand Ltd [2012] NZHC 2291 | 2012-09-06 | HC | Costs decision considering issues of withdrawal of solicitor and role of solicitor on the record. | Lender; Insolvency; Land | |
| ANZ Bank New Zealand Ltd v Uruamo (No 2) (2012) 13 NZCPR 654 | 2012-07-27 | HC | Removal of caveat involving Maori land issues. | Contract; Land; Lender | |
| ANZ Bank New Zealand Ltd v Uruamo [2012] NZHC 1914, (2012) 13 NZCPR 643 | 2012-07-27 | HC | Hearing of stay pending appeal of decision to remove caveats. | Land | |
| Hart v ANZ Bank New Zealand Ltd [2012] NZHC 1704 | 2012-07-12 | HC | Application for injuctive relief to prevent mortgagee enforcement and bank's application for removal of caveats. | Contract; Lender; Insolvency; Land | |
| Propst v ANZ National Bank Limited HC Auckland CIV-2012-404-2345, 11 May 2012 | 2012-05-11 | HC | Injunction application to determine the scope of a mortgage granted by tenants in common, and the validity of Property Law Act notices. | Lender; Land | |
| The Country Channel Ltd (In Liq) v Sky Network Television Limited [2012] NZHC 285 | 2012-02-28 | HC | Application for security for costs against company in liquidation. | Contract | |
| Planet Kids Limited v Auckland Council HC Auckland CIV-2011-404-1741 | 2011-12-16 | HC | High Court decision finding that a contract for a Public Works acquisition was frustrated by a fire terminating the lease. | Contract | |
| EXAPL Ltd v Pact Group (NZ) Ltd HC Auckland CIV-2011-404-5919 | 2011-12-12 | HC | R B Stewart QC | Dispute about liability under a purchase price wash-up provision, involving issues of contractual interpretation and the jurisdiction of an accounting expert. | Contract |
| Turners & Growers Ltd v Zespri Group Ltd (2011) 13 TCLR 286 | 2011-08-12 | HC | D J Goddard QC | Acted for Zespri in successfully defending Commerce Act causes of action. | Competition |
| Turners & Growers Ltd v Zespri Group Ltd (No 2) (2010) 9 HRNZ 365 | 2010-08-13 | HC | D J Goddard QC | Acted for Zespri in successfully striking out three causes of action, including a challenge to the legality of the kiwifruit industry single desk structure. | Judicial Review; Public Law |
| Turners & Growers Ltd v Zespri Group Ltd (No 2) (2010) 9 HRNZ 365 | 2010-05-05 | HC | D J Goddard QC | Decision about split determination of issues. | Competition; Judicial Review; Public Law |
| North Shore City Council v Stiassny [2009] 1 NZLR 342; [2009] BCL 88 (CA) | 2009-12-02 | CA | R B Stewart QC | Court of Appeal upheld judgment in favour of receivers about title to plastic bags and proceeds (PPSA issues). | Contract; Lender; Insolvency |
| Bastin Enterprises Limited v Graham and Gibson HC Auckland CIV-2009-404-4443, 4 November 2009 | 2009-11-04 | HC | Application for leave to commence court proceedings after proof of debt rejected in the liquidation. | Insolvency | |
| Transportation Auckland Corporation Limited v Auckland Regional Transport Authority DC Auckland CIV-2009-004-873, | 2009-10-09 | DC | Acted for bus company in its appeal against ARTA's decisions to decline registration of proposed commercial bus services. | Judicial Review | |
| Commerce Commission v Cards NZ Ltd (No 2) (2009) 19 PRNZ 748 | 2009-07-27 | HC | Decision on procedural issues and hot tub for economic experts. | Competition | |
| Air New Zealand Limited v Wellington International Airport Limited [2009] NZCA 259, [2009] 3 NZLR 713, [2009] NZAR 138, [2009] NZCCLR 15 (CA) | 2009-06-29 | CA | D J Goddard QC | Court of Appeal upheld two separate decisions striking out claims for judicial review of the Airport's decision setting landing charges. | Judicial Review |
| Commerce Commission v Cards NZ Ltd HC Auckland CIV-2006-485-2693 | 2009-06-29 | HC | Decision about admissibility of evidence. | Competition | |
| New Era Energy Incorporated v The Electricity Commission [2010] NZRMA 63; [2009] BCL 442 | 2009-05-04 | HC | A R Galbraith QC | Application for judicial review of the Electricity Commission's decision to approve the proposal for the North Island Grid Upgrade (400kV transmission lines). | Judicial Review; Electricity |
| JS Brooksbank & Co (Australasia) Ltd v EXFTX Ltd (in rec & in liq) [2009] NZCA 122, (2009) 10 NZCLC 264,520 | 2009-04-06 | CA | Court of Appeal overturned decision about retention of title and PPSA issues concerning mistaken delivery by agents. | Lender; Insolvency | |
| Counties Manukau Trust v Manukau City Council [2009] 2 NZLR 260 (HC) | 2009-03-02 | HC | Case about fiduciary obligations in contractual/joint venture context. | Contract; Equity | |
| Air New Zealand Limited v Wellington International Airport Limited [2009] NZAR 138, [2009] NZCCLR 15 (HC) | 2008-11-18 | HC | D J Goddard QC | Second decision re striking out claims for judicial review of the Airport's decision setting landing charges. | Judicial Review |
| Commerce Commission v Infratil Ltd [2008] NZSC 73 | 2008-09-19 | SC | C R Curruthers QC | Leave declined in respect of penalty for breach of Part 4 of the Commerce Act. | Competition |
| Krukziener v Hanover Finance Ltd [2008] NZCA 187, [2010] NZAR 307, (2008) 19 PRNZ 162 | 2008-06-26 | CA | C R Carruthers QC | Summary judgment for a debt of more than $4m under a guarantee upheld by the Court of Appeal. | Lender; Contract |
| New Zealand Bus Ltd v Commerce Commission [2007] NZCA 502, [2008] 3 NZLR 433, (2008) 8 NZBLC 102,285, (2008) 12 TCLR 69 | 2008-06-06 | CA | Commerce Commission claim about the acquisition of shares without a clearance. High Court finding of breach upheld by Court of Appeal. | Competition | |
| Stiassny v Dunedin City Council HC Auckland CIV-2007-404-3463 | 2008-05-30 | HC | Obtained judgment in favour of receivers about title to plastic bags and proceeds (PPSA issues). | Lender; Insolvency |