Instructing solicitor and co-counsel, together with specialist counsel, defending a product insurer in respect of substantial multi-party litigation regarding a multi-property development leaky building claim.

Handling a substantial cargo claim regarding a shipment from New Zealand aboard a ship that was wrecked in northern hemisphere waters.

Co-counsel and later counsel for a senior government official in respect of applications seeking non-party discovery access to information, and regarding the use of such documents (Goodship & Ors v Ministry of Fisheries [2006] NZAR 360; Goodship & Anor v Minister of Fisheries & Ors High Court Wellington CIV-1997-485-13 (CP 185/97), 15 August 2006)

Acting for a New Zealand bank, instructing senior counsel, in respect of litigation regarding Crown licenses.

Various property disputes, including as counsel in third party proceedings against a real estate agent in respect of a disputed commercial property sale (BS Developments No 12 Ltd v PB & SF Properties Ltd [2005] 6 NZCPR 741).

Broad ranging litigation between former primary industry joint venture partners.

Liquidation matters, including litigation to challenge to a creditor’s compromise a dispute in respect of an allegedly voidable transaction.

Counsel in litigation between the operators of a maritime business, following the sale of one party’s interest to the other, obtaining orders preventing the disposition of the land (Western Work Boats Ltd v Seaworks Ltd [2016] NZHC 2577).

Counsel for a ship owner in respect of proceedings brought against the operators of slipway on which the ship fell.

Solicitor (initially) and counsel in respect of the earlier stages of the defence of proceedings brought by the landlord of a commercial premise against a commercial tenant following earthquake damage (Precinct Properties Holdings Limited v OMV New Zealand Limited [2017] NZHC 2926, Precinct Properties Holdings v OMV New Zealand Limited [2017) NZHC 3230; and OMV New Zealand Holdings Limited v Precinct Properties Holdings Limited [2018] NZCA 240).

Handling a complex dispute between an SME primary product producer and a much larger supplier/processor entity.

Instructions as counsel in respect of the resolution of a dispute between a small retail business in a dispute with their commercial landlord.

Confidentially advising re possible competition issues.

See also litigation and disputes work in specific areas, below.

Involvement for complainants and media in respect of various Press Council/NZ Media Council (formerly Broadcasting Standards Authority_ processes/complaints.

Handling defamation issues and allegations, in correspondence and in proceedings, including (as examples):

o as junior counsel in proceedings that were discontinued on the eve of trial resulting in costs to the successful media defendant (Doone v Fairfax New Zealand Ltd [2005] 17 PRNZ 860);

o as counsel in a section 35 [of the Defamation Act] settlement conference, resolving claims; and

o counsel for a media publisher striking out (on qualified privilege/other grounds) a multi-million dollar third party defamation claim, arising from a building product manufacturer’s claim against a prominent scientist and an MP (Osmose New Zealand Ltd v Wakeling [2007] 1 NZLR 841).

Experience for media dealing with suppression issues, including (as examples):

o suppression issues relating to reporting of charges against Police defendants after pre-trial stay/ discharge application following pre-trial publicity and pamphleteering re previous convictions (The Queen v Rickards, Shipton and Schollum HC Auckland CRI 2005-063-1122, 25 May 2006);

o securing orders in the Court of Appeal lifting suppression with respect two of four defendants (R v A (CA301/05) Rv B (CA295/05) R v C (CA288/05) R v D (CA310/05));

o as intervenor (with the Solicitor General and another entity), re suppression issues in the context of judicial review proceedings in high profile Family Court litigation (Skelton v The Family Court at Hamilton [2007] 3 NZLR 368).

o resisting attempts by a local government election candidate to suppress reporting of their involvement as the complainant in a criminal damage charge (Police v Gower DC Nelson CRI 2006-042-1556, 3 October 2007);

o securing media “eyes and ears of the public” access to confidential records, subject to suppression (The Refugee Status Authority v [Name Suppressed] DC North Shore MA 12/07, 5 April 2007);

o resisting an appeal by a lawyer against a District Court Judge’s decision declining to make suppression orders pending trial (Jeffries v New Zealand Police HC Wellington CRI-2014-0485-000076, 30 September 2014); and

o represented various national media entities in respect of suppression issues arising in a coronial process considering maternity care issues.

Represented a media entity, with others, to urgently resist a prominent blogger’s attempts to secure injunctions (in the run-up to a national election) to prevent the publication of hacked information, with the result that media were not constrained re information held and in the public domain (Slater v APN New Zealand Ltd & Ors HC Auckland CIV-2014-404-272, 5 September 2014 (also, 8 September 2014 reasons)).

Securing an order under the Harassment Act on behalf of the editor of a newspaper.

Extensive experience pre-publication vetting, providing lobbying support regarding media issues, and providing media law training presentations to journalists.

Provided specialist defamation advice and assistance to a Pacific Islands media client and its lawyer in respect of the defence of defamation proceedings.

Acted for a specialist/expert facing defamation allegations relating to comments about a contemporary in their field.

Extensive experience providing a broad range of regulatory, compliance, disputes and trade practice advice relating to motor trade issues impacting on motor vehicle dealers/traders, fuel suppliers, automotive and collision repairers etc.

More than 15 years experience providing “helpline” services, directly and indirectly, to hundreds of motor trade businesses and entities, regarding:

o vehicle standards regulatory regimes, Motor Vehicle Sales Act 2003 issues, CIN (Consumer Information Notice) cards, WoF (Warrant of Fitness) and CoF (Certificate of Fitness) issues;

o consumer/customer issues, and issues between trade entities, including contract and tort claims, and statutory claims under legislation including the Consumer Guarantees Act 1993 , the Fair Trading Act 1986 (“FTA”) and (now) the Contract and Commercial Law Act 2017 (“C&CLA”);

o motor trade insurance policy coverage/response issues;

o issues regarding title to vehicles, repossession, bailment, abandoned goods and worker’s liens, including Personal Property Securities Act 1999, Credit Contracts and Consumer Finance Act 2003 and C&CLA issues;

o privacy/confidential information issues; and

o trading/competition issues.

Trade sector lobbying experience, including directly and indirectly supporting trade submissions and advocacy to:

o government/regulatory entities regarding reforms proposed by government and/or industry; and

o government/agency inquiries, investigations or consultation processes.

Acting in motor vehicle dealer franchise disputes, including:

o proceedings brought in the High Court by a franchisee, including interim injunction orders based on multiple contractual and FTA causes of action; and

o a dispute between a dealer/franchisee and the franchisor regarding purported termination and counter-allegations of breaches of the franchise agreement/other obligations.

Advising the NZ arm of a substantial multi-national after a data error impacted on product performance claims, including a notice, recall and replacement process and associated dealings with the regulator.

Acting in various dealer issues and disputes:

o advising an entity that inadvertently acquired vehicles with altered odometers, in terms of liability and on-sale options;

o advising an entity that acquired multiple vehicles subject to security interests, as regards the security-holder and seller, and on-sale;

o assisted a dealer regarding a Consumer Guarantees Act claim by the buyer of a specialist disability vehicle, and associated insurance issues;

o advising a motor vehicle dealer facing proceedings alleging misrepresentation regarding the performance of a high-end vehicle, including cross-claims against the NZ distributor; and

o resisting an appeal from the Motor Vehicle Disputes Tribunal to the District Court based on a challenge to jurisdiction: French v Raynmac Ltd [2021] NZDC 13370.

Motorsport matters, including sporting, conduct, rules, technical, safety, sporting, performance and/or specifications issues.

Various maritime/shipping matters (see General civil and commercial litigation/disputes, above).

Providing motor trade law training presentations to industry specialists.

Line charges dispute between an electricity retailer and a distribution entity seeking specific performance of contractual terms and to recover overpayments.

Acting for a gas retailer (and others) in respect of a long running dispute with another retailer, including obtaining summary judgment (Body Corporate 344862 v E-Gas Ltd HC Wellington CIV 2007-485-2165, 23 September 2008).

Representing an electricity retailer appealing and judicially reviewing a reconciliation process decision of the Electricity Authority and another entity reconciliation process, including securing interim relief (Bay of Plenty Energy Ltd v The Electricity Authority, HC Wellington CIV-2010-485-2531, 20 December 2010) , and culminating in a resolution upholding error of law, interim orders and re payments (recorded in Bay of Plenty Energy Ltd v The Electricity Authority HC Wellington CIV 2010-485-2328/CIV 2010-485-2531, 19 December 2011).

Appealing for two market participants, in parallel with claims by others, against the Electricity Authority’s “undesirable trading situation” (UTS) findings in respect of the March 2011 power spike: Bay of Plenty Energy Ltd v The Electricity Authority & Ors (and Contact Energy v The Electricity Authority/Genesis Power Ltd v The Electricity Authority) HC Wellington CIV 2011-485-1371 (and CIV 2011-485-1372/ CIV 2011-485-1373), 27 February 2012.

Breach of confidence litigation acting for a gas retailer against a former senior employee, brought contemporaneously in the Employment Relations Authority (ERA) and in the High Court - obtaining (amongst other things) judgment as to liability (Nova Energy Ltd v Mitchell & Ors [2014] NZERA Auckland 94) and substantial damages (Nova Energy Ltd v Mitchell & Ors [2015] NZERA Auckland 337; BC201563877); and related downstream litigation.

Gas Industry Company Panel matters – including advisory work, assisting with preparation of evidence and submissions, and an appearance as counsel.

Representing a fuel seller in respect of contractual claims regarding unpaid invoices following termination, and re associated counterclaims, including: summary judgment as to liability/quantum (Petroleum Logistics v Berry [2018] NZDC 6002); defending an appeal (Petroleum Logistics v Berry [2018] NZHC 2765); obtaining orders as to interest and costs (Petroleum Logistics v Berry [2018] NZDC 26893); obtaining orders on appeal for indemnity costs (Petroleum Logistics v Berry [2018] NZHC 548; and Petroleum Logistics v Berry [2018] NZHC 919); and associated costs issues (including as to taxation of costs).

In-house overseas qualified lawyer, contracting for the London Borough of Hackney. Initially this involved general housing/tenancy work, but this progressed into a role focused on dealing with crime on estates (drugs/gangs/anti-social behavior) including:

o associated housing issues, such as breaches of tenancy: e.g., instructing counsel on what was said to be the UK’s first case involving the eviction of a tenant for breach of their lease by way of homophobic abuse; and

o informal information exchange processes between Council and other agencies, to assist various initiatives re crime on estates.

Overseas qualified lawyer, at Rowe & Maw (now Mayer Brown LLP) in a specialist insurance team, operating from the Lloyds’ Building in London. This involved a range of substantial products, professional indemnity and special risk/political risk insurance claims and related litigation, including:

o handling a range of products and professional indemnity matters, including policy coverage and response issues, as well as the defence of insured claims such as: (i) the settlement in mediation of a multi-party surveyors/valuers professional negligence claim ; (ii) handling (with a senior partner) the defence of a very substantial financial services claim, instructing leading counsel to successfully resist an application to the Privy Counsel for leave to appeal against a favourable judgment of the Court of Appeal in the Cayman Islands; and (ii) being part of a small team handling special risk/political risk claims.