Litigation

Representative litigation matters in which our lawyers have acted as counsel (including matters handled by our lawyers prior to joining the firm):

Infrastructure Concession

Representing a leading international infrastructure investor in litigation arising out of the high-profile termination of a long-term quasi-PPP infrastructure concession and associated multi-hundred million-dollar compensation payment rights.

Pharma Joint Venture Litigation

Representing a foreign joint venture partner in significant commercial litigation proceedings against a leading dual NZX and ASX-listed pharmaceutical company in relation to an orphan drug business. The case involved complex technical evidence on drug approval processes at the FDA and EMA and the valuation of pharmaceutical drugs.

Multinational Retailer - Defence of Commerce Commission Prosecution

Defending a multinational retailer against a significant criminal prosecution brought by the Commerce Commission under the Fair Trading Act, alleging false and misleading conduct.

CBL Corporation Shareholder Class Actions

Representing four former directors of CBL Corp in two parallel shareholder class actions proceedings, funded by separate third party litigation funders, arising out of the $747m collapse of Dual NZX and ASX-listed re-insurance company, CBL Corporation.

CBL FMA Proceedings

Representing four former directors of CBL Corp in proceedings brought by the Financial Markets Authority alleging breaches of continuous disclosure obligations and fair dealing requirements under the Financial Markets Conduct Act.

CBL Insurance Director Duties Proceedings

Representing four former directors of CBL Corp in proceedings brought by the liquidators of CBL Insurance alleging breaches of director duties.

PPP infrastructure litigation - major roading project

Representing a substantial foreign contractor and its joint venture partner in significant litigation proceedings arising out of a PPP project for the construction of a high-profile roading project.

Liquidation of Property Ventures

Representing the liquidators in a claim for over $300 million against the directors and auditors of Property Ventures Ltd (in liquidation). The case was settled shortly before a 12-week trial, and was listed by the National Business Review as one of New Zealand’s “top five cases to watch” of 2018.

Fuji Xerox Accounting Litigation

Representing Fuji Xerox NZ in claims against three former senior executives concerning significant accounting irregularities. The case is also listed by NBR as one of the “top five cases to watch” of 2018.

Liquidation of Tamarind Taranaki Limited

Member of the ad hoc creditors’ committee in the liquidation of Tamarind Taranaki Limited, which owes creditors $400m.

Metlifecare Scheme of Arrangement

Acting for a minority shareholder in the first opposition to a takeover by way of scheme of arrangement, in re Metlifecare Limited.

Accounting negligence cases

Acting in several claims against accountants or auditors in relation to negligence or breach of duties. Two were $100 million+ claims against “Big 4” accountancy firms.

Worldwide freezing injunctions

Acting for a British Virgin Islands company in court proceedings relating to a USD 2.5 billion worldwide freezing injunction, including applications to vary and set aside the injunction.

Eminem 'Lose Yourself' Litigation

Acting for the US plaintiff rights holders in the Eight Mile litigation against the National Party, alleging copyright infringement in relation to the Eminem song 'Lose Yourself'.

ASX Listed Tech Company in post-acquisition earn-out litigation

Defending a leading international ASX listed cloud computing technology and services company in litigation proceedings arising out of the sale and purchase of a foreign cloud computing company, involving alleged pre-contractual misrepresentations, post-completion breaches of warranty and loss of chance claims to “if any” vendor earn out payments.

Property development/ mortgagee sale dispute

Successfully representing a property owner in the Court of Appeal in upholding caveats over land sold in a $35 million mortgagee sale on the basis of arguable breaches of duty by the developer/purchaser.

Consumer Credit - Commerce Commission

Successfully representing the Commerce Commission in a test case concerning consumer credit fees in the High Court, Court of Appeal and Supreme Court (Sportzone Motorcycles v Commerce Commission [2016] 1 NZLR 1024).

Defence of Negligence Claim

Successfully representing a public sector entity in striking out a $11 million negligence claim (Party Bus Co Ltd v NZ Transport Agency [2017] 3 NZLR 185).

Negligence of Liquidator

Acted for the plaintiffs in a negligence claim against German liquidator, involving private international law issues.

Insolvency priority dispute

Acting in High Court proceedings regarding the respective rights of liquidators and receivers in relation to the insolvency of a $60 million group of companies.

Judicial Review of Resource Consent

Successfully acted for a community organisation in challenging a non-notified resource consent for the industrial use of rural land, with consequent environmental and amenity impacts.

Trusts and estates

Acting on a variety of contentious trust and estate matters, including for a Court-appointed temporary administrator of a deceased estate, and a variety of trust beneficiaries.

Professional negligence

Represented a high net worth individual in a professional negligence claim.

Ponzi Scheme

Acting for the liquidators of a significant ‘ponzi’ scheme.

Scheme of Arrangement

Acting for the successful acquirer in a scheme of arrangement concluded under Part 15 of the Companies Act.

Contributory Mortgages

Acted for the successful plaintiff in a contract dispute relating to a sunstantial contributory mortgage scheme. Secret Commissions Act and Securities Act issues also litigated.

Complex Shareholder Dispute

NZ$30m shareholder dispute (finance company), including allegations of breach of contract and fraud.

Agricultural Sector

Represented a leading fruit exporter in High Court litigation arising out of alleged breaches of fruit supply agreements, and related insolvency proceedings.

Judicial Review of Resource Consent

Successfully acted for shopping centre developer in judicial review proceedings, arising out of grant of resource consent for shopping centre development.

Judicial review

Acting for New Zealand government departments and agencies in high profile judicial review proceedings before the High Court and Court of Appeal.

Human rights

Acting for New Zealand government departments and agencies in relation to human rights matters, including in high profile proceedings before the Court of Appeal and Supreme Court.

Fraud

Acting in a US$180 million fraud claim in the London Commercial Court, including an application for a stay under the Arbitration Act 1996 on the basis of an arbitration clause.

Wholesale Telco Services

Represented a leading New Zealand telecommunications company in proceedings against a competitor Telco relating to the supply of wholesale telecommunications services.

Body Corporation/ arbitration dispute

Representing a liquidator in a 6-day trial concerning a Unit Titles Act scheme of arrangement and the applicability of an arbitration clause.

Aircraft Purchase Dispute

Acted for the successful defendants in an aircraft option contract dispute.

Breach of Director Duties

Acted for successful plaintiff in action against former CEO and director for breach of fiduciary duties, and associated parties for knowing receipt.

Technology Joint Venture Dispute

Acted for a technology joint venture (between various international airlines) in a dispute with a computer reservation software supplier.

Visa Interchange Litigation

Represented Visa New Zealand in anti-trust proceedings brought by the New Zealand Commerce Commission.

Pumpkin Patch

Acted for the unsecured employee creditors in the Pumpkin Patch administration.

Interest Rate Swaps

Acting for a party to a civil action in relation to the mis-selling of interest rate swaps.

Regulatory Investigation - NZX Company

Acting for a leading NZX-listed company in relation to a significant regulatory investigation relating to securities trading

Sports law

Acting for national and Olympic-level sports coaches in employment disciplinary proceedings, media law matters and potential claims for breach of contract and loss of earnings.

Enforcement of arbitration award

Acting for a British Virgin Islands company in court proceedings to oppose the recognition and enforcement of a USD 750 million ICC arbitration award.