Career highlights
Acting as successful counsel for Bathurst Resources Limited, defending claims for a US$40 million “performance payment” alleged to be due after Bathurst had acquired mining rights previously held by L&M Coal Holdings Limited. In its landmark decision overturning the Court of Appeal and dismissing L&M’s claim, the Supreme Court confirmed the principles of contractual interpretation applying in New Zealand, including when pre-contractual negotiations and post-contractual conduct can be admissible when interpreting a commercial contract.
Acting for Taharoa Ironsands Limited in proceedings against it and Toward Industries (Bluescope Steel) alleging breach of the share sale agreement upon the sale and purchase of a mine.
Acting for BT Mining Limited in defending the first ever private ‘climate change’ proceedings, brought against seven corporate defendants alleging liability owed in negligence and/or public nuisance.
Acting for a significant New Zealand mining company in defending a rectification claim brought in the High Court regarding a contract for the hire of mobile mining equipment.
Successfully striking out a novel claim brought against TAB New Zealand, which had alleged breach of a duty of care owed to the victims of a fraudster who was also a problem gambler.
Representing key insolvency practitioners (PwC, Grant Thornton, Deloitte and BDO) on various disputes arising out of receivership and liquidation appointments. These include competing security claims, the recovery (and resisting the recovery) of insolvent transactions and claims regarding alleged breaches of receivers’ and liquidators’ statutory duties.
Regularly acting for trading banks (ANZ National Bank, Bank of New Zealand, Kiwibank, The Co-Operative Bank (formerly PSIS) and Rabobank) and other financiers on contested enforcement of security matters.
Affiliations
- Member, Restructuring, Insolvency and Turnaround Association New Zealand Inc (RITANZ)
Achievements and recognition
- Recognised, Restructuring and Insolvency, Chambers Asia-Pacific
- Recognised, Restructuring and Insolvency, The Legal 500 Asia-Pacific
- Tier 1 team, Dispute Resolution, The Legal 500 Asia-Pacific
- Tier 1 team, Restructuring and Insolvency, The Legal 500 Asia-Pacific
- Highly Regarded, Restructuring and Insolvency, IFLR1000
- Recognised, Insolvency and Restructuring, Doyles Guide
- Recognised, Insolvency and Reorganisation Law, Best Lawyers