CURRENT​

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Professional Conduct Committee, NZ Institute of Chartered Accountants:

Defending a complaint against a chartered accountant for alleged misconduct.

 

High Court:

Applying to set aside a statutory demand for agent's commission after the sale of a business.

 

High Court:

Defending a claim against company shareholders for allegedly misleading a third shareholder.

 

High Court:

Defending a judicial review of the granting of a resource consent to take water for commercial bottling.

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High Court:

Proceedings to enforce a contract to transfer an interest in a forestry right.

 

High Court:

Defending a claim against the directors of a vendor for damages after the sale of a leaky house.

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Family Court:

Defending a relationship property claim against two family trusts.

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RECENT

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Construction Contracts Act – High Court and Adjudication:

Successfully set aside a statutory demand for payment on a commercial roofing contract, then successfully defended an adjudication for the same claim.

 

Court of Appeal:

Established the arguable existence of a duty care, owed to a mortgagor by a conveyancing solicitor acting for the mortgagee, when registering the mortgage. The solicitor subsequently settled the claim.

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High Court, Court of Appeal:

Obtained an order setting aside a decision of a liquidator, with costs awarded against the liquidator personally. Succeeded against liquidator’s appeal, with additional costs awarded against liquidator personally.

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Court of Appeal:

Won an appeal against a summary judgment for damages against a Chinese purchaser of land, on the grounds that she was illiterate in English and was misled as to the terms of the contract.

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Lawyers and Conveyancers Disciplinary Tribunal:

Successfully defended a prosecution of a solicitor for contempt of court.

 

High Court:

Enforced the sale and purchase of a dairy farm.

 

Court of Appeal:

Won an appeal against the High Court’s refusal to set aside a statutory demand on a construction contract. 

 

Arbitration, High Court, Court of Appeal:

Won an international arbitration for damages for breach of contract. Obtained entry of the award as a judgment of the High Court, despite a defence that entry of judgment would be contrary to natural justice and public policy of New Zealand. Successfully opposed an appeal to the Court of Appeal.

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High Court:

Enforced a personal guarantee on a commercial lease.

 

Mediation:

Defended a claim against a trustee for breach of duty to beneficiaries, and settled it with my client receiving full reimbursement of his costs

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High Court, Court of Appeal, Supreme Court.

Sought to remove an open space covenant from a land title, on the grounds that the covenant had been improperly obtained, and that such a covenant is not indefeasible. Although eventually unsuccessful, the case is an important advance in the law of rectification and of indefeasibility of title.

 

High Court, Court of Appeal:

Won a claim for ownership of commercial property, on the grounds that the registered owner was estopped from denying my client’s right to the property. Successfully defended an appeal to the Court of Appeal.

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