Zuru v LEGO Group


Acting as senior counsel for the LEGO Group on claims against Zuru for trade mark infringement, passing off and breach of the Fair Trading Act.  Opposing applications by Zuru for declarations of non-infringement.  12 day trial in the Auckland High Court in May 2023, judgment in favour of the LEGO Group (currently on appeal to the Court of Appeal). The High Court judgment was reported at (2023) 173 IPR 146.

Confidential arbitration


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.

Justitiae Trustee Company Limited v NZF Nominees Limited


Counsel 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).

Wendco v Wiri Licensing Trust and Auckland Council


Counsel 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


Counsel 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).

Jespersen v Secretary of the Treasury


Counsel for the applicants in seeking orders for sale of a forestry right (with or without the underlying land) and division of the proceeds under the Property Law Act 2007. The case was heard in the Whangarei High Court. It was complicated by one of the shares in the forestry syndicate being owned by a person who had become bankrupt, and the Official Assignee disclaiming the share. The share was accordingly bona vacantia but was also the subject of various applications for orders vesting the property, claims and securities including caveats. As a result, 11 sets of respondents were involved and it was necessary to remove caveats and have detailed orders around the marketing and sale process as well as provide for rectification of unequal contributions which had been made over time. The Court granted the sale order and made payments directing the reimbursement of partners who had paid costs associated with the property. The proceeds relating to the disputed share were directed to be held in trust pending resolution of the claims regarding that interest.

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