Acting for the successful respondents in an arbitration regarding the validity of the expulsion of a partner from a firm. Issues included validity of the expulsion (interpretation of termination provisions, repudiation) and significant legal issues and expert evidence regarding quantum (future profits, valuation). Seven day arbitral hearing.
Bayly v Hicks
Kevin2022-11-09T02:10:20+00:00Counsel 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.
Justitiae Trustee Company Limited v NZF Nominees Limited
Kevin2025-08-06T02:21:07+00:00Counsel for a respondent on a trust dispute. Successful in High Court ([2021] NZHC 659) and awarded increased costs with indemnity ([2021] NZHC 1585). Also successful in opposition to set aside statutory demand based on the costs award (reported at [2022] NZCCLR 10).
Switch Lighting v Visionary Technologies
Kevin2025-08-06T02:23:29+00:00Counsel for the defendant on a patent and copyright infringement claim regarding LED lights in the Auckland High Court.
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).
Geerkins v Sietec New Zealand
Kevin2025-08-06T02:21:01+00:00Counsel on a shareholder dispute involving an application for the appointment of an interim liquidator, s 174 and s 241 of the Companies Act.
Cooper Tire & Rubber Co v Cooper Tyres NZ
Louisa Currie2025-08-06T02:20:52+00:00Counsel for the NZ-based defendants in a passing off and Fair Trading Act claim in the High Court (plus trade mark invalidity application) brought by a major US corporation, which also involves a counterclaim for trade mark infringement, passing off and breach of the Fair Trading Act.
NZ Future Forest Products Limited v North Sawn Lumber Limited
Kevin2025-08-06T02:08:45+00:00Counsel for the defendants on contract claim in the High Court in relation to the sale and purchase of a business and associated land, including advising on an interim injunction application and caveat issues.
Flow Imports v Torpedo7
Louisa Currie2025-08-06T02:20:34+00:00Counsel for the plaintiff on copyright infringement claims in the Auckland High Court against two competitors, relating to tent designs.