Significant Cases

1. Smale & anor v Smale & ors [2023] NZHC 3786 (successful summary judgment claim involving complex family trust issues).

2. ZK v MM (names redacted) DIFC Court of First Instance, Dubai CFI-004-2023, 1 August 2023; DIFC Court of Appeal, Dubai, JDMT-9375940124-0054, 11 January 2024 (ongoing litigation in DIFC Courts, Dubai, involving DIFC company law issues and Slovakian tax issues).

3. Fiji Development Bank v McGregor Investments Limited Civil Action No HBC 94 of 2022, High Court of Fiji, Sharma J, judgment given 8 June 2023.

4. Tandem Group Limited v ASB Bank Limited [2021] NZHC 51 (successful defence of defendant's summary judgment and strike out application)

5. Singh v Singh High Court of Fiji, Kumar J [2021] FJHC 364.

6. Northland Regional Council v Gill & Ors [2020] NZHC 2639 (summary judgment claim on a guarantee)

7. Caterpillar Financial Services (Dubai) Limited v National Gulf Constructions LLC & Anor (DIFC Courts, Dubai, CFI-055-2018, judgment given 14 May 2019) (successful application acting for the defendants to set aside substantial judgment)

8. Wallace v Tupou & ors (Supreme Court of Tonga, CV 53 of 2017, judgment of Paulsen CJ, 13 April 2018) (claim based on loan facilities)

9. Minister of Education v [name redacted] (High Court Auckland, CIV-2015-404-560) – application for company winding-up on grounds of alleged balance sheet insolvency, [2015] NZHC 1555 (HC); [2016] NZCA 326 (CA).

10. Silver Oaks Group Limited & anor v [name redacted] (High Court Auckland, CIV-2013-404-1099, filed 1 March 2013) – claim against a large trading bank in relation to alleged mis-selling of swap agreements (now settled).

11. Magellan Investments Limited v [name redacted] (High Court Auckland, CIV 2013-404-4825) – high profile dispute (see NZ Herald 8 February 2014) between Auckland property development company and substantial commercial tenant in relation to alleged breaches of lease and acts of nuisance, [2014] NZHC 244.

12. Re [name redacted] Incorporation – substantial claim in the Maori Land Court Waiariki District in relation to the administration of a Maori land incorporation.

13. Digicel (Fiji) Limited v [name redacted] (High Court of Fiji at Suva, claim No 30 of 2014, interim applications heard February 2014) – substantial dispute involving sports sponsorship rights in Fiji worth cFJD 40 million, [2014] FJHC 95; [2014] FJHC 175; [2015] FJCA 84; Supreme Court of Fiji, judgment given 26 August 2016.

14. Kelton Investments Limited & ors v [name redacted] (High Court of Fiji at Suva, claim No. HBC 134 of 2002) - substantial ongoing claim by property and investment group in Fiji against a large banking concern (now settled).

15. Reddys’ Enterprises Limited v [names redacted] (High Court of Fiji at Suva, claim No. HBC 126 of 2014) – acting as counsel for the plaintiff in claim concerning ownership of Fiji resort worth cF$20 million, [2014] FJHC 471.

16. Prime Mineral Exports Limited v Emirates Trading Agency LLC ARB 003 of 2012 (DIFC Courts, Dubai) (claim for enforcement in the DIFC Courts of an international arbitration award between an Indian iron ore supplier and a Dubai trading company)

17. Semenov v ME Development LLC ARB 001 of 2011 (DIFC Courts, Dubai, 6 October 2011) (claim for enforcement in the DIFC Courts of an international arbitration award between a Russian property investor and a Dubai property developer)

18. Kumar v National Insurance Company of Fiji Limited (High Court of Fiji at Suva, Civil Action No 424 of 1995, Coventry J, 19 May 2006) (claim against fire insurer in relation to declinature of liability under a fire policy)

19. Stardust Cruises Limited v Skyking Investments Limited & ors (High Court of Fiji at Suva, Civil Action No 371 of 2005, Singh J, 20 December 2005) (successful application to rescind an interim injunction in relation to road access to a property development near Suva)

20. Suncourt (Wholesalers) Limited v Commissioner of Inland Revenue for Fiji (Income Tax Court of Review for Fiji, Income Tax Appeal No 7 of 2004, Prasad J, 3 October 2005) (acted as counsel for the taxpayer in successful appeal against assessments levied by the CIR for Fiji)

21. Kurc Limited v Sensation Yachts Limited (High Court at Auckland, CIV-2004-404-005331, Venning J, 2 December 2004) (acted for plaintiff in successful application to vary interim injunction over superyacht being constructed by the defendant in Auckland)

22. C A Lovett & ors v Crown Worldwide (NZ) Limited & ors (High Court at Auckland, CIV-2002-404-001877, Harrison J, 29 October 2004) (forum conveniens argument against the plaintiff)

23. Methanex Motunui Ltd v Spellman [2004] 3 NZLR 454 (CA) (claim relating to alleged deficiencies in an expert determination procedure concerning the Maui natural gas field)

24. Determination by the Takeovers Panel in relation to acquisition of voting rights in Dorchester Pacific Limited (Takeovers Panel, Auckland, 8 September 2004) (ruling of Takeovers Panel in relation to compliance with the Takeovers Code)

25. Methanex Motunui Limited & anor v Spellman & ors [2004] 1 NZLR 95 (HC) (claim relating to alleged deficiencies in an expert determination procedure concerning the Maui natural gas field)

26. Sunnylea Farms Ltd v Gray (2004) 21 NZTC 18,667; (2005) 5 NZCPR 664 (HC) (liability for payment of GST in relation to conveyancing transaction)

27. Commerce Commission v [name redacted] (District Court, Auckland, CRN 4004500062, Deobhakta DCJ, 3 August 2004) (prosecution in relation to breaches of the Fair Trading Act in the course of selling of battery chargers)

28. Re China Aeronautical Technology Fund Limited (In Liquidation) (High Court of the Cook Islands, M No 36/2001, Greig CJ, 8 April 2004) (application to replace liquidator of a Cook Islands international company)

29. BDO Spicers Auckland Trustee Company Limited v Touchdown Productions Limited & ors (High Court of Fiji at Suva, Civil Action No HBC442 of 2003, Scott J, 4 December 2003) (successfully resisted interim injunction application by the plaintiff in relation to a Fiji resort island)

30. Commerce Commission v Roche Products (New Zealand) Limited [2003] 2 NZLR 519 (HC) (regulatory claim relating to price fixing in the supply of animal vitamins)

31. BDO Spicers Auckland Trustee Company Limited v Touchdown Productions Limited & ors (Court of Appeal of Fiji, Civil Appeal No ABU0062 of 2003, Tompkins JA, 28 November 2003) (successfully opposed on appeal an interim injunction application by the plaintiff in relation to a Fiji resort island)

32. Re China Aeronautical Technology Fund Limited (In Liquidation); TL Management Limited v Toohey & Mitchell (Court of Appeal of the Cook Islands, CA 10/02, Casey J, Smellie J, Williams J, 25 September 2003) (acted for successful appellant in relation to claim for management fees disallowed by the liquidator)

33. Bomac Laboratories Limited & ors v F Hoffman-La Roche Limited & ors (2002) 7 NZBLC 103,627 (HC) (civil claim arising from alleged price fixing in respect of supply of animal vitamins)

34. Marnell Corrao Associates Inc v Sensation Yachts Limited & anor (2000) 15 PRNZ 608 (HC) (claim for relief for alleged contempt of court)

35. Kunzang v Gershwin Hotel (2000) 14 PRNZ 453 (HC) (no liability in New Zealand for tortious acts committed in the USA)

36. Commerce Commission v Caltex New Zealand Limited (2000) 14 PRNZ 418 (HC); (2000) 9 TCLR 424 (Costs) (costs hearing following price fixing trial)

37. Commerce Commission v Caltex New Zealand Limited & ors (2000) 9 TCLR 366 (penalty) (penalty hearing following price fixing trial)

38. Commerce Commission v Caltex New Zealand Limited & ors (1999) 9 TCLR 305 (HC) (price fixing trial)

39. ICI New Zealand Ltd v Agnew [1998] 2 NZLR 129 (CA) (claim under reservation of title clause to proceeds of sale)

40. Commerce Commission v Caltex New Zealand Ltd [1998] 2 NZLR 78; (1998) 6 NZBLC 102,505 (HC) (price fixing case)

41. Agnew & Ors v ICI New Zealand Limited (1997) 6 NZBLC 102,376; (1996) 8 TCLR 44 (HC) (claim under reservation of title clause to proceeds of sale)

42. Quinby Enterprises Ltd (In Liquidation) v General Accident [1995] 1 NZLR 736 (HC) (claim under fire insurance policy)

43. Buttle v Allen [1994] 1 NZLR 396; [1994] MCLR 69 (CA) (liability of company directors)

44. Re Buttle & Co Sharebrokers Limited (in liq); Allen v Buttle & Ors (1994) 7 NZCLC 260,536 (HC) (liability of company directors)

45. Priority Motorsport Benefits Limited & Anor v Prudential Assurance New Zealand Limited (1993) 7 ANZIC 77,860 (CA) (claim for breach of contract)

46. Vujnovich v Bank of New Zealand (1993) 6 NZCLC 68,459 (CA) (claim under bank guarantee)

47. Re Buttle & Co Sharebrokers Limited (In Liquidation); Allen v Buttle & Ors (1993) 6 NZCLC 68,481 (HC) (liability of company directors - preliminary issue)

48. Deloitte Haskins & Sells v National Mutual Life Nominees Ltd [1993] 3 NZLR 1; (1993) 6 NZCLC 68, 501; [1993] 2 All ER 1015 (PC) (leading Privy Council decision on professional liability of auditors under the Securities Act)

49. Ernst & Young v Benchmark Jewellery Co (NZ) Ltd (In Liquidation) (1993) 7 PRNZ 13 (CA) (security for costs in a receivership)

50. National Mutual Life Nominees Ltd v Dallan Enterprises Number Five Ltd (1993) 7 PRNZ 273 (HC) (liability of shelf company to corporate trustee)

51. Priority Motorsport Benefits Limited & Anor v Prudential Assurance Company New Zealand Limited (1992) 7 ANZIC 77,555 (HC) (claim for breach of contract)

52. Bank of New Zealand v Vujnovich & Ors (1992) 6 NZCLC 68,248; [1993] MCLR 10 (HC) (claim under bank guarantee)

53. Bank of New Zealand v Vujnovich (1992) 6 PRNZ 544 (HC) (claim under bank guarantee)

54. Re UEB Industries Ltd Pension Plan [1992] 1 NZLR 294 (CA) (claim in relation to superannuation fund surplus)

55. Deloitte Haskins & Sells v National Mutual Life Nominees (1991) 5 NZCLC 67,418 (CA) (litigation between auditors and corporate trustee of failed finance company)

56. Kuwait Asia Bank EC v National Mutual Life Nominees Ltd [1991] 3 NZLR 457; (1991) 3 PRNZ 571 (CA) (principles as to costs in Court of Appeal and Privy Council)

57. Equiticorp Industries Group Ltd v Hawkins [1991] 3 NZLR 700; (1991) 5 NZCLC 67,201 (HC) (successful claim by Hong Kong solicitors to be dismissed from the Equiticorp litigation)

58. Mawson v Auckland Area Health Board [1991] 3 NZLR 599 (HC) (representative claim for unpaid allowances in the employment law area)

59. Kuwait Asia Bank EC v National Mutual Life Nominees Ltd [1990] 3 NZLR 513; [1990] 3 WLR 1115; [1990] 3 All ER 404; [1991] 1 AC 187 (PC) (leading Privy Council decision on liability of nominee directors and rules as to service out of the jurisdiction)

60. National Mutual Life Nominees Ltd v Worn & Ors [1990] 3 NZLR 641; (1990) 5 NZCLC 66,384 (HC) (liability of directors of failed company to corporate trustee)

61. Bank of New Zealand v Rada Corporation (1990) 3 BCR 527 (HC) (claim for repayment of banking facilities)

62. Carvell and Anor v Police [1990] DCR 295 (DC) (review of police decision to ban importation of assault rifles)

63. Fletcher v National Mutual Life Nominees Ltd [1990] 1 NZLR 97 (HC) (liability of corporate trustee)

64. Nally v Auckland Area Health Board [1990] DCR 281 (DC) (review of Health Board decision)

65. Bank of New Zealand v Rada Corporation Ltd [1989] 1 NZLR 750; (1989) 1 PRNZ 395; (1989) 4 NZCLC 65,313 (CA) (claim for repayment of banking facilities)

66. Bank of New Zealand v Rada Corporation Ltd (1989) 4 NZCLC 65,076 (HC) (claim for repayment of banking facilities)

67. Kuwait Asia Bank EC v National Mutual Life Nominees Ltd (No 2) [1989] 2 NZLR 50; (1989) 1 PRNZ 356; (1990) 5 NZCLC 66,502 (CA) (liability of nominee directors)

68. Kuwait Asia Bank EC v National Mutual Life Nominees Ltd [1989] 2 NZLR 43 (HC) (liability of nominee directors)

69. Mawson & Anor v Auckland Hospital Board (1988) 2 NZELC 96,037 (HC) (grounds for representative employment law claim)

70. Lincoln Industries Ltd v Angus Group Ltd (1988) 2 NZBLC 103,071 (HC) (scope of damages for breach of contract)

71. Global Marine Australia Inc v CCT [1986] PNGLR 123 (SCPNG) (allowability of corporate tax deductions in PNG)