Counsel for the respondents in the leading case on partition under the Property Law Act 2007. This involved extensive expert evidence on valuation, surveying and planning issues, with several hearings in the High Court and the Court of Appeal over 7 years: 7 day hearing in the High Court, 2011, reported at (2011) 13 NZCPR 568; Court of Appeal, 2012, reported at [2013] 2 NZLR 401; three day hearing in the High Court, 2015, following appointment of Court-appointed valuers and surveyors; resolved after Court of Appeal hearing was adjourned part-heard, 2016.
Wendco v Wiri Licensing Trust and Auckland Council
Kevin2022-11-09T02:10:11+00:00Counsel for the Wiri Licensing Trust (junior to Graham Kohler QC) on a significant dispute with its tenant, the operator of Wendy’s New Zealand. We successfully opposed two applications for interim injunction in lease dispute (2014). I also acted on the opposition to an application for judicial review regarding non-notification of resource consent application which went to the Supreme Court: High Court, 2014; Court of Appeal, 2015, (2015) 19 ELRNZ 328; and Supreme Court, 2016, [2017] 1 NZLR 1008.
Marr v Parkin
Kevin2020-07-06T05:17:25+00:00Counsel 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).
Yellow Holdings v Eurobelt
Kevin2022-11-09T02:13:26+00:00Counsel for the defendant in successfully opposing an application for the immediate transfer of a domain name in an interim injunction application in the Auckland High Court.
Confidential
Kevin2022-11-09T02:13:12+00:00Counsel for a minority (49%) shareholder in relation to a shareholder dispute involving lease and directors’ duties issues, and applications under sections 174 and 241 of the Companies Act
Aleem v Nelson Petroleum
Kevin2022-11-09T02:13:58+00:00Counsel for the applicant in an IPONZ trade mark opposition relating to the mark MINI-TANKERS.
Starik v Auckland Council & Ors
Kevin2022-11-09T02:14:12+00:00Counsel for a defendant on a Weathertight Homes Tribunal case heard over 7 days.
Confidential
Kevin2022-11-09T02:14:29+00:00Counsel for the defendant on a property dispute in the Auckland High Court about whether or not a property was held on trust.
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).