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Commercial Litigation – Examples of our work

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The following provides a sample of the commercial litigation work we have been involved in.  Where the matter was not concluded with a public decision, the parties have been removed to ensure confidentiality

  • Financial Markets Authority v Maywald & Ors (OPI Pacific Finance) (2015)
    Providing evidence on behalf of the informant providing a detailed review of another expert's evidence regarding the financial arrangements and conduct of the directors of OPI Pacific Finance.
    Informant's Counsel: B Dickey, AR Lyne
    DC Auckland CRI-2013-004-12250


  • Dobson v Milloy (2014)
    Providing evidence on behalf of the defendants assessing the portion of a bond debt that the plaintiff was responsible for and the amounts they have paid.
    Court: Cooper J
    Plaintiffs' Counsel: P Dalkie and G Stringer
    Defendant's Counsel: R Hollyman
    HC Auckland CIV-2012-463-403


  • Angus and Erskine-Shaw v ACE Insurance (2014)
    Providing evidence on behalf of the plaintiffs assessing the additional revenues that a business they owned may have made, but for a fire that destroyed the premises the business operated from.
    Court: Cooper J
    Plaintiffs' Counsel: KM Quinn and SM Thompson
    Defendant's Counsel: DPH Jones QC and ML Evans
    HC Auckland CIV-2011-463-475


  • BYOF Holdings v Bencho (2014)
    Providing evidence on behalf of the defendant assessing the value of shares in a company (sunglass distributor) for the purpose of comparing of the actual historical share price transacted between the parties.
    Court: Gilbert J
    Plaintiffs' Counsel: GJ Kohler QC
    Defendant's Counsel: K Quinn and M Tushingham
    HC Auckland CIV-2014-404-044


  • R v Hamilton & Ors (Belgrave Finance) (2014)
    Providing evidence on behalf of the applicant providing a detailed review of another expert's evidence regarding the financial arrangements and conduct of the directors of Belgrave Finance Limited.
    Court: Faire J
    Applicant's Counsel: N R Williams, KC-M Chang and A J H Senior
    Respondent's Counsel: JG Robertson, DG Young and J McNamara
    HC Auckland CRI-2013-004-1722
  • Fisk and Pattison as liquidators of East Quip Limited (In Liquidation) v Galvanising (HB) (2013)
    Providing evidence on behalf of the respondent considering an application by liquidators for alleged voidable transactions to be set aside.
    Court: Osborne J
    Applicant's Counsel: D Chan
    Respondent's Counsel: RP Harley
    HC Auckland CIV-2013-441-000124
  • Greymouth Holdings v Jet Trustees (2013)
    Providing evidence on behalf of the defendant regarding various financial transactions involving the plaintiff, including the ability of the plaintiff to pay a dividend to shareholders.
    Court: Gilbert J
    Plaintiff's counsel: JA Farmer QC
    Defendants' counsel: P Skelton and M Corlett
    HC Auckland CIV 2011-404-5309


  • Howard Trading Auckland v Nissan New Zealand (2012)
    Providing evidence on behalf of the defendant assessing the losses alleged to have been suffered by the plaintiff (a franchisee).
    Plaintiffs' Counsel: B Gustafson
    Defendant's Counsel: D Hurd
    HC Auckland CIV-2009-404-3111


  • Yang v Chen (2010)
    Providing evidence on behalf of the plaintiff relating to amounts withdrawn and/or advanced by/to the defendant from companies associated with the plaintiff.
    Court: Allan J
    Plaintiffs' Counsel: P McPherson
    Defendant Counsel: R Hucker
    HC Auckland CIV-2007-404-1751
  • Worldwide NZ v QPAM (2010)
    Providing evidence on behalf of the second to fourth defendants in relation to the value of the plaintiff's interest in the management company operating Vector Arena.
    Court: Potter J
    Plaintiffs' Counsel: MJ Fisher and KS Muston
    First Defendant Counsel: AC Sorrell and SL Robertson
    Second, Third and Fourth Defendants' Counsel: CP Browne and K J Sparrow
    HC Auckland CIV-2006-404-1827


  • Papakura Pharmacy 2006 v Parkfield Investment (2010)
    Providing evidence on behalf of the plaintiff (purchaser) relating to losses arising from the failure of the defendant (vendor) to disclose the loss of customer contracts prior to sale of the business.
    Court: Hugh Williams J
    Plaintiffs' Counsel: M Benvie
    Defendant Counsel: G Blanchard and MJW Lenihan
    HC Auckland CIV 2007-004-1850


  • Phonographic Performances NZ v Radioworks (2009)
    Providing evidence on behalf of the applicant (PPNZ) in relation to their application to the Copyright Tribunal for an increase to royalty rates payable by the respondents (radio companies).
    Tribunal: S R Frankel, J Fyfe, P Sumpter
    Applicant's Counsel: AH Brown QC and M Heine
    Respondent's Counsel: RJ Katz QC and S Robertson
    COP 01907


  • PGG Wrightson v Wai Shing (2006)
    Providing evidence on behalf of the plaintiff (an agricultural products supplier) explaining how a manager falsified records for the alleged benefit of the defendants (market gardeners)
    Judge: Keane J
    Plaintiffs' counsel: CH Toogood QC and NM Blomfield
    Defendants' counsel: GJ Kohler, NW Ingram QC and GD Stringer
    HC Auckland CIV 2003-404-6579
  • Brownsons Holdings (1999) v The Plaza Pakuranga (2006)
    Providing evidence on behalf of the plaintiff (a food retailer) of the loss suffered as a result of an alleged breach of contract by the defendant (landlords).
    Court: Simon France J
    Plaintiffs' counsel: RJ Katz QC and M Dew
    Defendant's counsel: CH Toogood QC and D Welsh
    HC Auckland CIV 2004-404-1113


  • Minter Ellis Rudd Watts v Gibson (2005) 
    Providing evidence on behalf of the defendant assessing the losses alleged to have been suffered by him as a result of poor advice (counterclaim). 
    Court:   Ronald Young J
    Plaintiff's Counsel:  PJL Hunt and RJ Scott
    Defendant's Counsel:  RD Wallis
    HC Auckland CIV-2002-404-1987
     

  • Glasener v MJ Brown (2001) 
    Providing an assessment on behalf of the defendant (legal practice) as to the quantum of losses arising from an alleged breach of duty of care to the plaintiff (a retailer).   
    Court:   Hole J
    Plaintiff's Counsel:  D Sim
    Defendant's Counsel:  M Gilbert
    DC Auckland NP No. 2863/00


  • Providing an assessment on behalf of the plaintiff (an engineering firm) of the loss it suffered as a result of an alleged breach of a sale and purchase agreement by the defendant (an electrical contracting business). 
  • Providing an assessment on behalf of the defendant of the plaintiff's losses suffered (a shareholder in a professional services firm with the defendant) as a result of an alleged breach of fiduciary duty by the defendant.
  • Providing an assessment on behalf of the plaintiff of the damages that might be claimed (by way of revenues that might have been derived from a river system) as a result of an alleged breach of duty by the defendant (the Crown). 
  • Providing an assessment on behalf of the plaintiffs (shareholders who acquired a large telecommunications company) of the loss they suffered as a result of alleged misrepresentations by the defendant vendor.
  • Providing an assessment on behalf of the plaintiff of the loss he suffered as a result of an alleged breach of contract by the defendant (an owner of a nationwide magazine).
  • Providing an assessment on behalf of the plaintiffs of the financial loss they suffered as a result of medical misadventure (failed vasectomy) by the defendant (a GP) which resulted in an unplanned child birth. 
  • Providing an assessment on behalf of the plaintiff (a large healthcare provider) quantifying the losses they suffered as a result of alleged negligent accounting by the defendant (an accountancy firm).
  • Investigating and reviewing complicated company restructuring transactions on behalf of a group of minority shareholders who had questioned whether the assets of the company had been put 'at risk' during the restructuring, concluding that the assets of the company had been put 'at risk' contrary to undertakings given prior to commencement of the restructuring.  As a result of the investigation, the senior management of the company were replaced.
  • Assisting a New Zealand entity in complicated and drawn out negotiations following the exchange of a New Zealand business for shares in a listed US company which then undertook a major capital restructuring whilst the shares acquired by the New Zealand entity were required to be held (not sold).  The amount claimed was in the order of $25m.
  • Reviewing records for a company which suspected a fraud had been committed by a past employee.  Establishing that a fraud had been effected by way of a series of complex arrangements and payments, and quantifying the fraud.
  • Reviewing records for a substantial joint venture between a New Zealand company and overseas companies where the overseas party considered a fraud may have been committed.  Identifying and quantifying instances where income and expenses reported by the joint venture manager did not agree to the source records.
  • Appointment by the High Court to review the affairs of a Trust where the beneficiaries were in dispute.  The assignment involved an investigatory audit of a period of over 30 years.
  • Appointment by the High Court to review the financial affairs of a group of companies and individuals and to report to the court as to the assets, liabilities and trading performance of the companies and also as to the source of significant funds coming into New Zealand.

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