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).
Craig v Social Media Consultants Limited
Kevin2020-07-06T02:35:46+00:00Counsel for the appellant (briefed for the appeal), I successfully argued that the High Court should overturn the District Court’s decision to strike out the plaintiff’s claim for copyright infringement. The claim related to the publication on the Whale Oil blog of a poem written by Colin Craig, and also involved issues of breach of privacy and breach of confidence.
Corporate Sureties Limited v Macken
Kevin2020-07-06T02:26:33+00:00Counsel for the defendant trustees on a property dispute, which involved defending a summary judgment application in the Auckland High Court regarding specific performance of an agreement for sale and purchase of land.
All Metals Trading v Wright
Kevin2020-07-06T03:50:49+00:00Counsel for the defendant in successful opposition to application for summary judgment in the High Court on contract/guarantee claim, which was reported at (2014) 15 NZCPR 467; upheld in the Court of Appeal (2015).
Ngoi v Wen
Kevin2020-07-06T03:55:19+00:00Second counsel to Ian Williams at a hearing on a summary judgment/strike out application in a case regarding the enforceability of an agreement for sale and purchase of a property.
Osmose New Zealand v Wakeling
Kevin2020-07-06T04:15:30+00:00Second counsel to Ian Gault (now Justice Gault) in acting for the plaintiff in relation to interlocutory application on defamation proceeding in the Auckland High Court. The decision was reported at [2007] 1 NZLR 841.