Senior 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.
Confidential arbitration
Kevin2022-11-09T02:06:42+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.
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
Kevin2023-10-30T23:44:56+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.
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
Kevin2021-10-28T02:30:39+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.
Confidential
Louisa Currie2021-10-28T02:33:49+00:00Counsel for a defendant on a shareholder dispute in the Auckland High Court, including resolving an interim injunction application brought by the other party.