Recent Cases

Counsel for the Liquidators of the Best Invest Group of companies providing advice on the liquidation; proceedings against the Estate of the deceased directors for breach of directors’ duties, unjust enrichment and overdrawn shareholder’s current account; application under Part 6 of the Insolvency Act 2006; and proceeding against a former employee for unjust enrichment and repayment of a loan. (East Wind Company Limited (in Liquidation), HC, Auckland, [2022] NZHC 903), East Wind Company Limited (in Liquidation) v Sky Forrest Limited, HC, Auckland, [2021] NZHC 3333, and subsequent appeal - [2023] NZCA 140)

Providing advice to RFP submitter to ACC in relation to beach of the Government Procurement Rules.

Providing advice to client issued with notices under s98 of Commerce Act 1986 in relation to potential cartel conduct and subsequent issue of proceedings by Commerce Commission for breach of ss27 and 30 of the Act including: responding to notices; assisting client with interviews by Commerce Commission; defending proceedings; and negotiating settlement and assisting with associated penalty hearing.

Providing advice to client in relation to potential cartel conduct including; obtaining marker from Commerce Commission; preparing and submitting proffer to perfect marker; and obtaining leniency from civil proceedings from the Commerce Commission.

Assisting client with review of documents and information in relation to potential breach of cartel provisions of the Commerce Act.

Providing advice to client on obligations of consultation under the Airport Authorities Act 1966.

Providing advice to various law firms in relation to obligations and potential breaches of Lawyers and Conveyancers Act 2006, including in response to complaints from clients and in relation to the Financial Service Providers (Registration and Dispute Resolution) Act 2008.

Acting for clients in relation to a family trust disputes including: allegations of undue influence; lack of capacity; revocation of power of attorney; variation of trust deed; removal and replacement of trustees; and application to repair trust property.

Counsel for company defending minority shareholder claim made against it including; drafting defence; various interlocutory applications and disclosure requests; attending alternative dispute resolution; and ultimately negotiating settlement.

Providing advice to client in relation to labelling of goods and potential breaches of the Fair Trading Act 1986.