Acting for the plaintiff on a claim for trade mark infringement and breach of contract, with interim injunction application. Pickwick hearing in December 2024, defendants offered undertakings during the hearing and later consented to permanent orders.
Marx v Ruban
Kevin2025-08-06T00:13:14+00:00Acting for the plaintiff on software dispute with applications for interim relief and for leave to proceed by way of derivative action. Claims for copyright, breach of confidence, breach of Companies Act provisions.
Initial hearing on a Pickwick basis regarding continued provision of software (before van Bohemen J), adjourned during reply submissions when defendants indicated willingness to provide undertakings. Full hearing of the interim injunction before O’Gorman J, interim injunction granted and leave to proceed by way of derivative action.
Confidential
Kevin2025-08-05T23:58:20+00:00Senior counsel for the defendant on a claim for breach of contract and breach of confidence. Set down for a two week trial in the Wellington High Court in September 2024, resolved at mediation.
Confidential arbitration
Kevin2025-08-06T02:23:18+00:00Acting 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.
Steelrite Engineering Limited v George Grant Engineering Limited
Kevin2025-08-06T02:49:18+00:00Acted for welding sub-contractor on proceedings to recover unpaid invoices based on debt/contract. Counterclaim by the defendant GGE was abandoned the day before trial and the claim admitted, my client was awarded costs on an indemnity basis.
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.
Confidential
Kevin2022-11-09T02:11:03+00:00Acting for the defendant on a defamation claim. Issues relating to extent of publication, the Jameel defence and qualified privilege. Resolved at a judicial settlement conference six weeks before a 5 day trial was due to be held.
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).
Confidential
Kevin2023-05-06T02:43:57+00:00Counsel for the plaintiff on an interim injunction application relating to copyright, breach of confidence, breach of directors’ duties and Fair Trading Act.
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.