Administrative/judicial review

Rotorua District Council v Ngati Whakaue Education Endowment Trust Board [2018] NZAR 951 (CA) (with Lachlan Muldowney) - acted for Council on a second appeal from the High Court. The High Court judgment is reported at [2017] NZAR 376.

Nehemia v Auckland District Māori Council [2017] NZHC 1998 - acted for the New Zealand Māori Council (given leave to join the proceeding as an interested party). Successfully obtained orders declaring the appointment of the Auckland District Māori Council members on 28 February 2015 unlawful.

Te Whakakitenga O Waikato Inc v Martin [2017] NZAR 173 - acted for the former chair of the Waikato-Tainui tribal parliament in an appeal against a refusal to strike out judicial review proceedings.

Te Awamutu Wines & Spirits Ltd (1988) Ltd & Anor v Greenwood & Anor [2009] NZAR 394 (HC) - successfully opposed an appeal against a decision of the Liquor Licensing Authority cancelling an off-licence.

Civil and criminal forfeiture

Commissioner of Police v Rika [2013] NZHC 3531 - successful application for an assets forfeiture order.

Commissioner of Police v Filer [2013] NZHC 3111 - successful application for effective control and profit forfeiture orders. Addressed the use of sentencing notes in subsequent civil proceedings, and whether a respondent has the onus of proving the actual benefit earned from significant criminal activity, as opposed to simply proving errors in the number asserted by the Commissioner.

Commissioner of Police v De Wys and Anor [2013] NZHC 2728 - successfully opposed an application by the respondents to have evidence obtained pursuant to a search warrant issued under the Summary Proceedings Act 1957 declared inadmissible in a civil forfeiture proceeding commenced by the Commissioner.

The Queen v Bright [2013] NZHC 630 - successfully sought forfeiture of a property used by the offender to cultivate cannabis, and a second property which secured the purchase of the first property.

Insolvency

Hayes v Official Assignee [2018] NZHC 1858 - successfully opposed a claim by a creditor against the Official Assignee for alleged breach of s 253 of the Companies Act 1993. This is the first such claim to be taken to trial, and the leading authority on what constitutes unreasonableness for the purposes of an alleged breach of liquidator's duties.

H Investments Ltd (in liq) v Official Assignee [2018] NZCA 76 - successfully opposed an appeal against a judgment of Sargisson AJ dismissing an application under s 239 of the Insolvency Act 2006. The leading authority on the standard to which a creditor must prove a proof of debt in bankruptcy.

Greenstone Energy Ltd v Cann [2016] NZHC 2175 - conducted a lengthy public examination of the bankrupt, who was prohibited from entering into business for a further four years.

Havenleigh Global Services Ltd & Anor v Henderson [2016] NZHC 1472 successfully opposed an application by Mr Henderson to review a decision of Osborne AJ arising out of Mr Henderson's public examination.

Havenleigh Global Services Ltd & Anor v Henderson [2015] NZHC 1761 (with Matthew Palmer QC) - the leading authority on the scope and nature of public examinations.

Official Assignee v Eggers [2015] NZHC 1475 - successfully opposed the bankrupt's discharge, on the basis that he had failed to properly co-operate with the Official Assignee's office.

Henderson v Official Assignee [2015] NZHC 1341 - successfully opposed appeal by bankrupt against refusal to allow him to travel overseas. The first travel appeal determined under the Insolvency Act 2006.

Bryers v Official Assignee [2015] NZCCLR 10 - conducted the public examination of the bankrupt. He was, amongst other things, prohibited from being involved in the management of any business in New Zealand for seven years.

Bryers v Official Assignee [2015] 2 NZLR 273 - the leading authority on a bankrupt's right to call evidence from third parties on an application for discharge from bankruptcy.

Bryers v Official Assignee (2014) 22 PRNZ 353 - sucessfully opposed application by bankrupt to appear at his public examination by video-link from Australia.

Official Trustee in Bankruptcy v Smith [2014] NZHC 1305 - successful application for recognition of Australian bankruptcy as a foreign main proceeding under the Insolvency (Cross-border) Act 2006, and for directions that application need not be served.

JEC No. 2 Ltd & Anor v The Official Assignee [2014] NZCA 170 - successfully opposed application for extension of time to prosecute appeal, which was deemed abandoned by the Court.

JEC No. 2 Ltd & Anor v The Official Assignee [2013] NZHC 3544 (with Christopher Gudsell QC) - successfully opposed an application for an extension of time to review a decision of Faire AJ (as he then was) dismissing an application to set aside orders made by default.

The Official Assignee v Renney [2013] NZHC 3353 - successful application to remove the bankrupt as administrator of his mother’s deceased estate.

The Official Assignee v Donovan [2013] NZHC 2936 - successfully sought discharge of a bankrupt on the condition that he not enter into employment without the Official Assignee’s consent.

JEC No. 2 Ltd & Anor v The Official Assignee [2013] NZHC 2557 - successfully sought an award of increased costs.

The Official Assignee v Deobhakta [2013] NZHC 1834 - public examination of a bankrupt prior to discharge.

Fuller & Anor v The Official Assignee [2013] NZHC 1612 - successfully opposed an application for an early discharge from bankruptcy.

JEC No. 2 Ltd & Anor v The Official Assignee [2013] NZHC 1352 (with Christopher Gudsell QC) - successfully opposed an application to set aside orders made by default cancelling irregular transactions and transferring ownership of a number of properties to the Official Assignee.

The Official Assignee v John Lockley Transport Ltd & Anor [2013] NZHC 1208 - successfully sought orders pursuant to ss 206 and 207 of the Insolvency Act 2006 cancelling the sale of a trucking business by bankrupts to the first respondent, and re-transferring the assets to the Official Assignee.

The Official Assignee v Jamieson [2013] NZHC 911 - the first successful application by the Official Assignee for contributions from a bankrupt under s 147 of the Insolvency Act 2006.

The Official Assignee v Scott (CIV 2011-470-842, High Court, Hamilton, 3 November 2011, Allan J) - successfully opposed an application by the bankrupt for a declaration that a summons requiring him to attend for examination was defective.

Harris v The Official Assignee (CIV 2009-470-1087, High Court, Tauranga, 10 May 2010, Andrews J) - successfully opposed an appeal by the bankrupt against a decision of the Official Assignee declining an application to be employed by a relative.

General commercial

AS Base Ltd & Anor v IMI Developments Ltd & Anor [2017] NZHC 1017- successfully opposed an application for summary judgment in a debt recovery proceeding arising from personal guarantees.

Crown Asset Management Ltd v PJ and MJ Cameron [2015] NZHC 98 - successfully defended a complex debt recovery claim by Crown Asset Management, arising from lending by South Canterbury Finance.

Shell Exploration NZ Ltd v Todd Pohokura Ltd & Anor [2008] 3 NZLR 192 (CA) (with Les Taylor - now QC) - successful appeal against a judgment of MacKenzie J refusing to order related-party discovery.

Māori land

Wade v Rangiheuea & Ors (2018) Māori Appellate Court MB 283 - successfully appealed a decision of the Māori Land Court appointing new trustees to a Māori Reservation because of a breach of natural justice by the Māori Land Court.

Employment/health and safety

Proform Plastics Ltd v Department of Labour (2013) 10 NZELR 449 - acted for the Department on an appeal against sentence on charges of failing to take all practicable steps to ensure safety of employees while at work.

Ali’imatafitafi v Chief Executive, Department of Corrections (AA 204/06, Employment Relations Authority, Auckland, 15 June 2006) (with Megan Richards) - successfully opposed a claim for unjustified dismissal.

Atkinson v Chief Executive, Department of Corrections (AA 169/06, Employment Relations Authority, Auckland, 15 May 2006) (with Les Taylor - now QC) - successfully opposed a claim for unjustified dismissal.

Scott v Chief Executive, Department of Corrections (WA 29A/06, Employment Relations Authority, Wellington, 13 March 2006) - successfully opposed a claim for unjustified disadvantage.

Scott v Chief Executive, Department of Corrections (WA 29/06, Employment Relations Authority, Wellington, 13 March 2006) - successfully opposed a claim for unjustified disadvantage on the basis that the claim was not raised within the statutory timeframe.

Relationship property

Milliken v Davidson-Meek [2017] NZFLR 409 - acted for the successful party in a relationship property dispute.

Regulatory

Waikato Regional Council v Kereru Farms Ltd (CIV 2009-419-37, High Court, Hamilton, 18 August 2009, Heath J) - acted for the Council on a successful appeal against sentence imposed for discharging effluent onto land in circumstances where it may have entered water.

Property

De Young & Anor v Rewita & Ors (2017) 18 NZCPR 708 - successfully obtained orders that the loss of an instrument be investigated under s 56 of the Land Transfer Act 1952, and orders requiring the Registrar-General of Land to register the applicants as the registered proprietors of a leasehold interest.

Sport/Racing

McDonald and Donaldson v The Racing Integrity Unit (Appeals Tribunal of the Judicial Control Authority for Racing) - successful appeal against the sentence imposed on charges of administering a prohibited substance for the purpose of affecting the speed, stamina, conduct, or courage of the horse.

The Racing Integrity Unit v Cropp (Judicial Control Authority for Racing) - acted for Lisa Cropp in respect of a charges of interfering with testing procedures and failing to comply with the direction of the Steward