| Successfully defending an appeal against a strike-out decision. The Court of Appeal agreed with the High Court on the interpretation of the limitation provisions in the Credit Contracts and Consumer Finance Act 2003 (CCCFA) and held that the claim by Mr Watherston was appropriately struck out in the High Court: Watherston v PGW Rural Capital Limited [2020] NZCA 329. |
| Successfully defending a claim that two wills were “mutual wills” in that they created a constructive trust over the estate of a deceased which was held for the benefit of others: McNeish v McArthur [2020] NZHC 1611. Successfully obtaining an award of costs following this judgment: McNeish v McArthur [2019] NZHC 3281. |
| Successfully arguing that there was consideration in a varied agreement by the practical benefit test. This case arose in the context of a franchise agreement of a fixed term. The plaintiff alleged repudiation. This judgment was the second hearing following an interim judgment: Gloria Jean’s Coffees International Pty Ltd v Daboko Limited [2020] NZHC 29. |
| Acting for beneficiaries of a trust in seeking an interim injunction restraining steps being taken by trustees in a situation of conflict: McLaughlin v McLaughlin [2019] NZHC 2597, [2019] NZFLR 299. |
| Acting for the respondent in bringing a successful strike-out application striking out a claim alleging oppressive conduct under the Credit Contracts and Consumer Finance Act 2003 on the basis they were time-barred: Watherston v PGW Rural Capital Limited [2019] NZHC 22 In Watherston v PGW Rural Capital Limited [2019] NZHC 1601 a subsequent issue was litigated over the proper approach to costs where a party has brought an interlocutory application seeking a number of orders. |
| Successfully defending a claim at trial that a franchisee had unlawfully repudiated a contract. The two parties had differing versions of the same agreement. The plaintiff alleged that its version was legitimate. The defendant alleged its version was legitimate. This judgment was an interim judgment: Gloria Jean’s Coffees International Pty Ltd v Daboko Limited [2019] NZHC 1097. |
| A successful application for wasted costs against lay litigants arising from a late change of expert that rendered a conferral process obsolete: Nielsen v Earthquake Commission [2019] NZHC 629. |
| Costs litigation over the costs principles that should apply to a regional council where it has acted responsibly in litigation: Royal Forest and Bird Protection Society of New Zealand Inc v Northland Regional Council [2019] NZHC 449, [2019] NZAR 587. |
| Defending an application for leave to continue a claim against a company in liquidation: JK Trading Limited v Rimpro-Tec Ltd (in liq) [2019] NZHC 376. |
| Successfully appealing against a costs order made in relation to trustees de son tort. On appeal the Court of Appeal confirmed that trustees who were validly appointed at the outset, whose terms had expired, were entitled to be indemnified for their costs and expenses provided they were reasonably and properly incurred: Butterfield v Public Trust [2017] NZCA 367, [2017] NZAR 1439, (2017) 23 PRNZ 575. This followed a judgment of the High Court refusing to award costs in favour of the trustees in Re Burnett Mount Cook Station Charitable Trust [2017] NZHC 169. |
| Successfully striking out a counterclaim brought against De Lage Landen Ltd on the basis it was vexatious: De Lage Landen Ltd v Crafar [2017] NZHC 1419 |
| Successfully obtaining judgment at trial against guarantors pursuant to certain credit contracts: De Lage Landen v Crafar [2017] NZHC 2709. |
| Successfully opposing the entry of summary judgment pursuant to a guarantee : Beneficial Finance Ltd v Brown [2017] NZHC 964. |
| Successfully obtaining directions about the interpretation of a trust deed and the permissibility of sale in the context of a charitable trust. This litigation generated a number of other judgments ([2016] NZHC 2214; [2016] NZHC 2631). Re Burnett Mount Cook Station Charitable Trust [2016] NZHC 2669, (2016) 4 NZTR 26-024. |
| Advising a local authority on the merits of a threatened judicial review over a commercial tender process. |
| Advising and representing a company in relation to a Commerce Commission investigation into potential anti-competitive conduct. |
| Advising and representing a beneficiary of an estate in relation to a Family Protection Act claim brought by a disgruntled beneficiary. |
| Acting for trustees of a charitable trust in obtaining a scheme to vary a charitable trust because it is no longer fit for purpose. |
| Advising and representing a party in bringing proceedings against their former solicitor for negligently failing to confirm and agreement for sale and purchase. |
| Advising and representing a party in bringing proceedings against their former solicitor for breach of fiduciary duty in relation to non-disclosure of information and taking loans from the client. |
| Advising and representing a party in bringing proceedings against their real-estate agent for negligent valuation and selling a property at an undervalue. |
| Acting for an accountant in disciplinary proceedings before the Chartered Accountants of Australia and New Zealand. |
| Acting for a multi-national in a dispute of the quality of raw materials received from suppliers. |
| Acting for the vendors following the sale of a business in defending a claim for misrepresentation and breaches of the Fair Trading Act. |
| Acting for managers of a body corporate for allegedly failing to obtain sufficient insurance cover prior to the Canterbury earthquakes. |