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.
Justitiae Trustee Company Limited v NZF Nominees Limited
Kevin2021-10-28T02:32:27+00:00Counsel for a respondent on a trust dispute. Currently on appeal to the Court of Appeal.
Wendco v Wiri Licensing Trust and Auckland Council
Kevin2020-07-06T05:05:21+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.
Confidential
Louisa Currie2021-10-28T02:07:08+00:00Counsel for respondents to an arbitration claim regarding the validity of a partnership expulsion.
Ezee Living Products v Galloway International
Kevin2020-07-06T03:13:20+00:00Counsel for a defendant manufacturer in relation to a contract claim in the Auckland High Court with technical subject matter.
Confidential
Louisa Currie2021-10-28T02:34:09+00:00Counsel for the defendants on claims for breach of confidence and in tort in the Auckland High Court, including resolution of an interim injunction application
Medtech v Pinnacle
Kevin2020-09-03T02:00:30+00:00Counsel for the fourth defendant on a dispute regarding software and allegations of copyright infringement and breach of confidence. The interim injunction application was resolved without a hearing and the case has now settled.