EXPERTISE & EXPERIENCE
Advice - wide experience advising on contracts, contract drafting, commercial strategies, dispute avoidance, and defusing commercial and civil disputes;
Commercial
and contract - cases involving many different kinds
of contract (including sale and purchase of, land, shares,
businesses; distribution, franchise, dealership and sponsorship
agreements). These claims include contract breach, contract
cancellation, simple debt collection, credit contract claims,
and security priority disputes;
Companies
Act and Securities Act - advice on shareholder
disputes, shareholder oppression actions (s174); formal
and informal schemes of arrangement and Securities Commission
investigation;
Construction and Building -
advice and cases involving defective construction of multi-unit
residential facilities, a major civic amenity, co-generation
plant, advice on Construction Contracts Act processes;
defence and prosecutions under Building Act 2004; in depth
familiarity with NZS 3910, NZIA, and FIDIC forms;
Court
work – appeals, injunctions, judicial review
proceedings, ordinary proceedings, summary judgment for
plaintiffs and defendant,
Estates – advice to executors and trustees, cases
challenging and seeking to uphold wills including Family
Protection Act and Testamentary Promises claims;
Insolvency - advice to companies, individuals and agri-businesses concerning insolvency, debt rescheduling, Proposals under Companies Act and Insolvency Act, formal and informal schemes, evaluation of schemes and proposals, applications to Court for approval of proposals;
Insurance -
advice to professional indemnifiers of various law firms
and representation of various firms facing negligence claims;
Judicial
review proceedings and administrative law matters relating
to monopoly pricing; education; local government action,
Official Information Act and Local Government Official
Information and Meetings Act;
Legal and other professions - advice on ethical obligations; conflicts of interest, breaches of confidence, professional negligence, obligations owed to and by insurers;
Mediation -
counsel in approximately 30 mediations; acted as mediator;
Negotiation -
negotiation of one-off agreements with private and governmental
organisations settling disputes in many fields, advice
on proposed terms of many different agreements including
those settling disputes;
Pro bono - in cases within his field of expertise where clients face particular hardship, where there are public interest, or the risk of denial of access to justice;
Relationship
Property - advice on entitlements and negotiation
of agreements relating to division and status of property in marriages and de facto relationships;
Tax administration - advice on tax obligations, offences, civil and criminal penalties, document discovery, disputes procedures, voluntary disclosure and sentencing;
Trade
practice disputes - fair trading claims; Commerce
Commission investigation and prosecution, monopoly pricing
(electricity and aviation industries), predatory and discriminatory
pricing, refusals to supply;
Trusts -
advice to trustees and advice to beneficiaries concerning
trustee’s actions; constructive trust claims; applications under Trustee Act for modification of trusts, directions for trustees and for amendment of trust terms.
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