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. Two day appeal hearing in the Court of Appeal on 30-31 October 2024, second counsel to Alan Galbraith KC. Currently awaiting judgment from the Court of Appeal.
Confidential
Kevin2025-08-06T01:06:57+00:00Acting 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.
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.
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.
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).
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.
Ezee Living Products v Galloway International
Kevin2025-08-06T02:19:50+00:00Counsel for a defendant manufacturer in relation to a contract claim in the Auckland High Court with technical subject matter.