Counsel for a group of software developers and shareholders on a complex case involving a mixture of intellectual property, company, commercial and insolvency issues. Successful opposition to appointment of interim liquidators and then appointment of my clients’ preferred liquidator on a contested application.
Jespersen v Secretary of the Treasury
Kevin2020-07-06T04:44:03+00:00Counsel 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.
Horton v Cowley
Kevin2020-07-06T03:55:31+00:00Counsel for the liquidator in relation to recovery of proceeds of insolvent transactions and voidable charges, and the liquidator’s remuneration.
Viacom Global v Scene 1 Entertainment
Kevin2020-07-08T01:06:47+00:00Counsel for the appellant in the Court of Appeal seeking a stay of judgment pending the appeal on a copyright claim with insolvency and receivership issues (briefed for appeal appearance).
Perriam v Commonwealth Bank of Australia
Kevin2020-07-02T23:38:27+00:00Second counsel to Bob Hollyman, acting for the respondent in relation to successful opposition to applications for approval of proposals to creditors.