Wynn Williams - Expertise | Dispute Resolution

Representation without compromise

Wynn Williams has one of the strongest dispute resolution teams in the country. We have a New Zealand wide reputation for delivering successful results with integrity and responsibility.

If you are faced with a dispute, either in your business or personal life, our team can apply its commercial insight and unrivalled experience to your case. We’re skilled at developing innovative and successful strategies to ensure the best outcome.

We’re experienced at representing clients in complex cases before the Privy Council, Supreme Court, Court of Appeal and High Court. Over the years our firm has also produced several of the country’s leading judges.

We provide expertise in all areas of dispute resolution:

Commercial and contractual disputes
Real estate and leases
Contentious trusts and estates
Relationship property
Care of children and family
Employment and Health & Safety
Arbitration
Insolvency and credit recovery
Professional and product liability
Judicial review and public law
Intellectual property
Maori
Construction

We are recommended as a Leading Firm for Litigation & Dispute Resolution by The Legal 500 Asia Pacific 2020, Chambers Asia-Pacific 2020 and Chambers Global 2020 legal guides. A client describes the team as "efficient, empathetic, commercially savvy and focused on achieving good results." Another comments that "there is a high level of partner engagement and proactiveness."

A previous Chambers directory described the team as "one of the strongest dispute resolution teams in the country with a New Zealand-wide reputation for delivering successful results with integrity and responsibility"

If you need advice on a dispute, please get in touch with any of our team below.

Specialists

Recent Projects

Appearing as lead counsel in the Maori Land Court opposing an application for succession with disputes as to the interpretation of the will.

Appearing in both the IPONZ Office and the High Court in respect of a trademark dispute.

Acting for individuals defending an application by the liquidators of Ross Asset Management Limited to claw back funds paid out to investors.

Acting for a large North Island Iwi making a fiduciary claim in excess of $50 million against the Crown.

Acting for a Regional Council in respect of an application to judicially review that council’s bylaws and successfully obtaining an order for security for costs.

Appearing and delivering submissions in the Court of Appeal on a Family Protection Act 1955 dispute regarding a $10 million estate.

Acting for and advising two large regional councils in respect of the numerous applications of different Iwi under the Takutai Moana Act to obtain rights to coastal and marine regions in the South Island.

Acting for the trustees of a Trust over five years and regularly advising the trustees as to the interpretation of the complex 70 page Trust Deed.

Acting for a valuation company in a negligence dispute arising our of earthquake damage to a large port in a claim worth $170 million.

Acting for the Canterbury Regional Council in relation to the Application for Judicial Review of the Navigational Safety Bylaw 2016.

Debt collection work for local authorities and various companies.

Advising clients from a variety of backgrounds on relationship property division and drafting section 21 and section 21A separation agreements.

Undertaking due diligence in respect of Māori rights and interests and the impact this may have on the sale and/or purchase of land.

Acting for the Canterbury Regional Council and Southland Regional Council in relation to prosecutions under the Resource Management Act 1991.

Successfully obtaining without notice injunctions freezing defendants' assets.

Acting in construction contract adjudications.

Acting as lead counsel in a significant claim involving a company that collapsed owing in excess of $30m involving application of the Securities Act and the Financial Markets Conduct Act.

Acting in the High Court on a major relationship property appeal involving property exceeding $28 million and complex business and trust arrangements.

Acting as Senior Counsel in the Supreme Court for Allied concrete on the interpretation of the Companies Act insolvent transaction provisions in an appeal. We were granted leave to appeal direct from the High Court to Supreme Court.

Acting for Canterbury Regional Council, Selwyn District Council, Waimakariri District Council and Christchurch City Council in the High Court and Court of Appeal in litigation brought by property developers to challenge a decision of the Minister for Canterbury Earthquake Recovery.

Acting or advising CERA in relation to earthquake recovery matters.

Successfully acting as Senior Counsel for the Anglican Church in the Court of Appeal and High Court in relation to the de-construction of Christchurch Cathedral and successfully opposing leave before the Supreme Court.

Successfully acting against the Statutory Management of Aorangi Securities Limited for a US investor for $6,000,000.

Being appointed by the High Court to act as counsel for Canterbury Policy Holders in the liquidation of Western Pacific Insurance Limited (In Liq) to seek payment of moneys from reinsurers for the benefit of those who suffered loss in the Canterbury Earthquakes.

Acting as counsel in the Supreme Court and the Court of Appeal in New Zealand's leading trust case, Kain & Ors v Hutton & Ors [2008] 3 NZLR 589 (SC), [2007] 3 NZLR349.

Acting for a major North Island Iwi in a claim against the Crown for breach of fiduciary duty and the unlawful taking of Maori land.

Successfully representing a director in the investigation of security claims related to Hanover Finance Limited and acting in the defence of civil proceedings.

Appeared in Chirnside v Fay [2007] in the Supreme Court which is New Zealand's leading case on fuduciary duties in joint ventures.

Representing the Anglican Church in relation to the use of insurance funds for the Transitional Cathedral.

Acting as counsel in multiple negligent valuer and negligent solicitor cases including the defence of prominent North and South Island firms on behalf of insurers.

Acting for a major policy holder in Re ACS before the High Court concerning approval of New Zealand's first solvent scheme of arrangement under the Companies Act 1993.

Acting as counsel for Save Our Arts Centre in the highly publicized litigation Save Our Arts Centre v The Arts Centre of Christchurch Trust Board, the University of Canterbury, and the Christchurch City Council.

Successful representation of Te Rununga o Ngai Tahu before the Privy Council in the case of Ngati Apa Ki Te Waipounamu Trust v The Attorney General and Ors [2006] UK PC 49.

Acting as counsel in the Supreme Court in the leading case on fiduciary obligations, Chirnside v Fay [2007] 1 NZLR 433.

Acting as counsel in the decision of ANZ National Bank v Macpherson Properties Ltd CIV 2008 409 561 on rectification and transfer fraud.

Acting as counsel in Celibriala v Inwood CIV 2008 409 120 to restrain a sale of land for failure to comply with a right of first refusal.

Acting as counsel for specialist medical practitioners against an errant director for breach of fiduciary obligations in a joint venture.

Acting as counsel (with Peter Whiteside) on behalf of a group of unit owners in a case concerning unit entitlements under the Unit Titles Act 2010 following demolition of apartments caused by the 2011 Canterbury earthquake.

Acting on behalf of investors in the winding up of entities related to South Canterbury Finance and Aorangi Securities Limited.

Attending mediations on behalf of professional indemnity insurers in cases involving allegedly negligent financial advice.

Acting for defendants in financial advice claims.

Advising on strategy in a probate litigation matters involving residential property in Auckland and Christchurch.

Advising a large corporate trust organisation on matters arising from the application of its trust deed.

Assisting company directors with an application for termination of a liquidation.

Successfully negotiating the discontinuance of a Fair Trading Act claim on behalf of a defendant.

Acting for a defendant in a civil claim by the Financial Markets Authority.

Acting for a defendant in a claim concerning alleged negligent building work.

Acting for plaintiffs in various conveyancing litigation matters, including a claim for specific performance.

Acting in various debt recovery (breach of contract) matters.

Advice on Valuer Negligence cases for a major lender.

Arbitration for a State-Owned Enterprise.

Acting for Policy Holders for a Collapsed Insurance Company.

Counsel for Christchurch City Council in complex civil litigation over alleged land transfer fraud.

Counsel for property owners in High Court and Court of Appeal in dispute over neighbours application to obtain access over their land.

Acting for Professional Indemnity Insurers.

Articles

Reported Decisions

Pharmazen Ltd v Anagenix IP Ltd [2019] NZHC 1520

Talbot v Talbot [2017] NZCA 507

YYK Ltd v Monkey Business Ltd [2017] NZHC 1112

Cain v Mettrick [2019] NZAR 668

Cullen Group Limited v Commissioner of Inland Revenue (2019) NZTC 24-003

McLaughlin v McLaughlin (2018) 4 NZTR 28-033, [2019] NZAR 286

Commissioner of Inland Revenue v Cullen Group Ltd (2018) 28 NZTC 23-059

Darlow v Raymond [2017] 3 NZLR 353

Southland Regional Council v Hardegger [2017] 2 NZLR 852

Greig v Hutchison [2015] NZFLR 587

J v J [2015] NZAR 861

Satterthwaite v Gough Holdings Ltd [2015] NZCCLR 15

Dalian Deepwater Developer Ltd v Dybdahl [2015] 3 NZLR 260

Holler v Osaki [2014] 3 NZLR 791

Great Christchurch Buildings Trust v Church Property Trustees [2014] 3 NZLR 236

Great Christchurch Buildings Trust v Church Property Trustees [2013] 2 NZLR 230

Howe v Keown [2011] NZAR 764

F M Custodians Ltd v Pinot Rouge New Zealand Ltd [2011] 12 NZCPR 155

Hagaman v Fairbank [2010] 20 PRNZ 68 (CA)

Kain v Hutton [2008] 3 NZLR 589 (SCNZ)

Kowhai Mainland Roof Coatings Ltd v Newman [2009] DCR 211

Cutler v Oceanside Developments Ltd [2009] DCR 645

Cousins v Heslop [2007] 18 PRNZ 677

Waitikiri Links Ltd v Windsor Golf Club Inc [1998] 8 NZCPR 527

Oldfields Ashphalts Ltd v Grovedale Cool Stores [1994] Ltd [1998] 3 NZLR 479

Stavefield Holdings No 29 Ltd v Nathan Securities Ltd [1993] ANZ ConvR 597

Grainger v Rossendale Holdings Ltd [1989] 2 NZLR 389

Independent Fisheries Ltd v Minister for Canterbury Earthquake Recovery [2013] 2 NZLR 397

Church Property Trustees v Attorney-General [2013] 2 NZLR 428

Independent Fisheries Ltd v Minister for Canterbury Earthquake Recovery [2012] NZAR 785

Reynolds v Peter [2010] 20 PRNZ 774

Chirnside v Fay [2007] 1 NZLR 433

Ngati Apa Ki Te Waipounamu Trust v Attorney General of New Zealand and others [2007] 2 NZLR 80

Chirnside v Fay (No 2) [2005] 3 NZLR 689

Shepherd v Disputes Tribunal [2004] NZAR 319

Chirnside & Rattray Properties Ltd v Fay, Supreme Court [2004] 3 NZLR 637, [2005] 3 NZLR 689) (CA)

Kraal v Earthquake Commission [2014] 3 NZLR 42

C v Legal Complaints Review Officer [2013] NZAR 398

Kain v Wynn Williams & Co [2013] 1 NZLR 498 (CA)

Sisson v Standards Committee(2) of the Canterbury-Westland Branch of the NZLS [2013] NZAR 416

C v Legal Complaints Review Officer [2012] NZAR 924; (2012) 21 PRNZ 270

Dominion Finance Group Ltd (in Rec and Liq) v Body Corporate 382902 (2012) 7 NZ ConvC 96-003

Wynn Williams & Co v Kain [2011] 3 NZLR 709

CAA v Griffiths [2010] DCR 169

PGG Wrightsons Ltd v Mid Canterbury Real Estate [2009] DCR 515

Williams v Cazemier [2009] 11 NZCPR 79

Lowe v Brankin (2005) 6 NZCPR 607

R v B [2003] 2 NZLR 777, (2003) 20 CRNZ 308

Brankin v MacLean [2003] 2 NZLR 687

Canterbury Regional Council v Newman [2002] 1 NZLR 289

Morris v Templeton (2000) 14 PRNZ 397

Hall v Warwick Todd Ltd (2000) 9 TCLR 448

Newman v Canterbury Regional Council [2000] NZRMA 420

Official Assignee v Brodie (2000) 15 PRNZ 89

Halswater Holdings Ltd v Selwyn District Council [1999] ELRNZ 192

Tubbs v Futurity Investments Ltd and Buchanans Foundry Ltd [1998] 1 NZLR 471

R v Guy (1996) 13 CRNZ 589

R v S (1995) 13 CRNZ

King v Wilkinson (1994) 2 NZ ConvC 191,828

A v District Court (1993) 11 CRNZ 335

Savin v De Vere(1986) 3 NZ ConvC 99,703

Anglian Sales Ltd v South Pacific Manufacturing Co Ltd [1984] 2 NZLR 249, (1984) 2 NZCLC 99,220

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