Significant litigation

  • Lancaster v Cullen Investments Limited CA51/03, 26 May 2003 (led by M R Camp QC). Substantial litigation involving a dispute between joint venture partners, allegations of breach of fiduciary duties, substantial award of damages at arbitration, appeal to the Court of Appeal to obtain leave and subsequent successful appeal proceedings.
  • Scales Trading Limited v Far Eastern Shipping Company Public [1999] 3 NZLR 26 CA, 2001 1 NZLR 513 PC (led by M R Camp QC). Substantial commercial claim involving issues of standby letters of credit, irrevocable letters of credit, trade guarantees, Contractual Remedies Act, finally heard and determined in the Judicial Committee of the Privy Council.
  • Keenan v Noble Investments Limited, Unreported, High Court, Christchurch, 61594, Ronald Young J. A significant case involving the law on making time of the essence of a contract and resolving priority disputes where there are two contracts for the purchase of the same property.
  • Clasper v Duns, Unreported, High Court, Christchurch, 62430, 04.10.2007, Panckhurst J. A substantial litigation involving the recovery of trust funds allegedly lost by trustees in a speculative investment, complex issues of statutory interpretation in the area of partnership and trustee law.
  • UFL Charters Limited v The Ship Malakhov Kurgan, Christchurch High Court, an Admiralty case being an application for stay of arrest of a ship
  • Harrison v Harrison [2005] NZFLR, an important case under the Property (Relationships) Act 1976 dealing with applications to set aside contracting out agreements
  • Tuscany v Gill (2001) 4 NZ ConvC, 193, 446. A case concerned with indefeasibility of title under the Land Transfer Act.
  • EIL Brigade Road Limited v Brown, Unreported, High Court, Christchurch. Very substantial litigation in which a conspiracy by senior employees and directors of a competitor company were exposed as having conspired to deprive the plaintiff of substantial business assets and goodwill, ultimately leading to a damages award in excess of $3,000,000.
  • Pusan Shipbuilding and Engineering Co Ltd v The Ship Ivan Korobkin (1998) 11 PRNZ 308, an admiralty case dealing with priority claims between unsecured creditors
  • TV3 Network Services Limited v Fahey [1996] 2 NZLR 129 (led by C A McVeigh QC). Very extensive litigation including the defence of historical charges of sexual misconduct with significant issues relating to pre-trial publicity and injunctions to restrain the media.
  • Marshall Futures Limited v Marshall [1992] 1 NZLR 316. Liability of company dierctors for knowingly assisting breach of trust.
  • S Limited v T Limited, a confidential arbitration involving a substantial commercial dispute between two joint venture partners, concerning aspects of duties of good faith and the extent and meaning of non-competition clauses.
  • Hall v Warwick Todd Limited, Unreported, High Court, Christchurch. A successful defence of a Fair Trading Act claim alleging deceptive and misleading conduct.
  • Gibbston Valley Estates Limited v Owen, Unreported, Court of Appeal, 175/98. A commercial law case concerning the ability of contracting party to assign the burden of a contract.
  • T H Barnes Limited v Minister of Inland Revenue (CA 207-07). Appeal against an arbitration award on error of law grounds.
  • T v L. A substantial confidential adjudication under the Construction Contracts Act concerned with liability for the costs of unforeseen circumstances encountered by sub-contractors during a substantial construction project.
  • Simms Jones Limited v Protochem Trading NZ Limited [1993] 3 NZLR 369. Manufacturer's liability for supply of defective product.
  • Re Austral Group Investment Management Limited [1993] 2 NZLR 692. Liability of trustees of a superannuation fund for mismanagement of investments.
  • Marshall Futures Limited v Marshall [1992] 1 NZLR 316. Liability of company dierctors for knowingly assisting breach of trust.
  • Burnett Transport Limited v Davidson [1991] 1 NZLR 121. Arbitration set aside on grounds of breach of natural justice.
  • Quainoo v NZ Breweries Limited [1991] 1 NZLR 161. Liability of guarantor for trading debts.
  • Wilson v New Brighton Panelbeaters Limited [1989] 1 NZLR 74
  • R v McClintock [1986] 2 NZLR 99
  • Re Greenfield [1985] 2 NZLR 662
  • Tipple v Pain [1983] NZLR 257
  • R v Gosney [1977] 2 NZLR 130