Counsel for the defendant on a High Court claim relating to purchase of a residential property (four day trial), with judgment for the defendant upheld on appeal. The issues included agency, knowing receipt, competing equitable priorities and the Credit Contracts and Consumer Finance Act. The Court awarded increased costs in relation to the proceeding and a related caveat matter: High Court, 2014; Court of Appeal, 2015; High Court costs judgment, 2015. In a separate proceeding between the same parties, the High Court made an order for possession of the property on summary basis (2015).
Confidential
Kevin2020-07-06T03:57:51+00:00Counsel for the plaintiff on application for interim injunction on a breach of confidence and breach of contract claim in the Auckland High Court (settled by undertakings after proceedings filed).
All Metals Trading v Wright
Kevin2020-07-06T03:50:49+00:00Counsel for the defendant in successful opposition to application for summary judgment in the High Court on contract/guarantee claim, which was reported at (2014) 15 NZCPR 467; upheld in the Court of Appeal (2015).
Pinnacle Liquor Group v NZ Winegrowers
Kevin2020-07-06T03:55:09+00:00Counsel for the opponent, NZ Winegrowers, in successful opposition to an application by Pinnacle Liquor for a trade mark comprising the words SOUTH ISLAND in stylised form.
Ngoi v Wen
Kevin2020-07-06T03:55:19+00:00Second counsel to Ian Williams at a hearing on a summary judgment/strike out application in a case regarding the enforceability of an agreement for sale and purchase of a property.
Confidential
Kevin2020-07-06T03:28:07+00:00Counsel for the plaintiffs on a family dispute about ownership of property and whether or not this was held on trust. The case settled on the first day of a scheduled six day trial in the Auckland High Court.
Horton v Cowley
Kevin2020-07-06T03:55:31+00:00Counsel for the liquidator in relation to recovery of proceeds of insolvent transactions and voidable charges, and the liquidator’s remuneration.
PureDepth v NCP Trading
Kevin2020-07-06T03:33:48+00:00Counsel for the defendant in successfully opposing an interim injunction application in the Auckland High Court on a patent claim relating to LCD screens.
Viacom Global v Scene 1 Entertainment
Kevin2020-07-08T01:06:47+00:00Counsel for the appellant in the Court of Appeal seeking a stay of judgment pending the appeal on a copyright claim with insolvency and receivership issues (briefed for appeal appearance).
Perriam v Commonwealth Bank of Australia
Kevin2020-07-02T23:38:27+00:00Second counsel to Bob Hollyman, acting for the respondent in relation to successful opposition to applications for approval of proposals to creditors.