Dispute Resolution Experience.

Overview

I have particular experience in:

contract and commercial disputes (including between joint ventures and shareholders, relating to directors’ duties, and involving tort and equity)
arbitration and mediation
cross-border disputes
climate change and the law
administrative law/statutory interpretation and judicial review
insolvency, including Parts 14 to 16 of the Companies Act and acting for receivers and liquidators
white-collar crime and fraud, including bribery and corruption, money laundering and corporate regulatory offences
business and human rights (including fiduciary duties, ESG and business integrity best practice), and
sports law.

Bathurst Resources Ltd v L&M Coal Holdings [2020] NZCA 186, [2018] NZHC 2127 (significant contract law case involving US$40m debt claim, with Supreme Court decision presently reserved)
National Plant and Equipment Pty Ltd v P Mundy Heavy Equipment [2020] NZHC 1201 (successful summary judgment application, based on constructive trust and unjust enrichment, leading to increased costs award)
Acting for Fonterra in a range of corporate and commercial disputes involving breach of contract (eg, Interlact Ltd v Fonterra TM Ltd [2017] NZHC 1086 (successful summary judgment and strike out of contract claim)), breach of confidence and defamation
Greenshell New Zealand Ltd (in rec) v Kennedy Bay Mussel Company (NZ) Ltd [2016] 2 NZLR 44 (appeal concerning equitable relief against forfeiture in novel situation)
Acting for Morrison & Co in relation to a range of contractual and corporate disputes and advice
Acting for NZ Post in relation to a post-M&A dispute
Acting for Turners in relation to post-M&A disputes relating (via arbitration and High Court proceedings)
Representing a New Zealand business in tax litigation against the IRD
Acting for an investor in a South Island vineyard, in claims against his former lawyer and accountant

Many commercial disputes are resolved through alternative dispute resolution techniques (ADR). I have particular expertise in both domestic and international arbitrations and mediation.
I also have extensive experience representing parties in commercial mediations and have provided policy advice on intergovernmental initiatives concerning mediation
Acting for:

Fonterra in significant Singapore UNCITRAL arbitration relating to product supply
Leighton Contractors in a mining dispute against former NZ state-owned enterprise Solid Energy concerning the Rotowaro mine near Huntly
Rio Tinto Alcan in a dispute with NZ state-owned enterprise Meridian concerning liability under a take-or-pay agreement arising out of an alleged force majeure situation
a New Zealand company in two Singapore SIAC arbitrations relating to the construction of two geothermal power stations in Indonesia
a private equity company in a post-M&A dispute
an FX technology provider in a joint venture dispute with a major New York bank
Representing a New Zealand party in a commercial mediation relating to an IT project
a lessor in a commercial arbitration relating to make-good obligations under a lease
a New Zealand corporate in an arbitration involving restitutionary claims arising under a supply agreement

Republic of Kazakhstan v Mega Ltd [2016] NZAR 810, (2016) 10 HRNZ 707 (successful application for orders that evidence be provided in support of letter of request from New York court)
Dalian Deepwater Developer Ltd v Dybdahl [2015] NZLR 260 (successful application, under the Evidence Act 2006, for a New Zealand witness to be compelled to give evidence in a London LCIA arbitration
Discovery Geo Corporation v STP Energy Pte Ltd [2013] 2 NZLR 122 (successfully resisting interim orders sought in relation to ICC arbitration award)
Representing a New Zealand party in successfully securing a Hong Kong injunction in dispute arising out Hong Kong joint venture
Representing an international freight forwarder before the Customs Appeal Authority
See more details about my international experience

Smith v Fonterra Co-operative Group Ltd (2020) 21 ELRNZ 634 (HC) (strike-out application in respect of climate change test case, now before the New Zealand Court of Appeal)
Co-author (with Nicola Swan) of public legal opinion on climate change and its intersection with directors’ duties and duties of investment fund managers, as well as practical toolkit for directors addressing climate change issues

Mohammed v Guardians of New Zealand Superannuation (2020) 25 PRNZ 205 (successful intervention application in judicial review proceeding to make public international law arguments, including relating to sovereign immunity and act of state)
New Zealand Steel v Minister of Commerce and Consumer Affairs [2019] 2 NZLR 525 (successful judicial review of Ministerial decision not to impose countervailing duties on allegedly subsidised steel imports from China. The decision was remade was again reviewed)
Rabson v Transparency International New Zealand Inc [2016] NZSC 22 (acting for Transparency International in successfully defending, including through appeals process, judicial review application)

Cargill International SA v Solid Energy New Zealand Ltd [2016] NZHC 1817 (successful opposition, on behalf of consortium of banks, to attempt to set aside deed of company arrangement resulting from voluntary administration process)
Financial Markets Authority v PTT [2016] NZHC 692 (one of many rulings in ongoing judicial supervisory process relating to asset protection orders, receiverships and liquidations arising out of fraudulent business and investment scheme)
Acting for the receivers of Strategic Finance Ltd in successfully settling claims against the former directors and auditors of that company following the 2008-9 global financial crisis

Representing respondent in respect of significant restraint and forfeiture application under New Zealand’s criminal proceeds legislation
Acting for an offshore bank in successfully securing New Zealand freezing orders to protect assets following fraud
Counsel in international arbitration involving allegations of money laundering, fraud and corruption in relation to Russia and Bermuda
Co-author, for Business NZ, of toolkit for New Zealand businesses operating overseas on managing bribery and corruption risks

Advising New Zealand entity conducting human rights due diligence pursuant to the United Nations Guiding Principles on Business and Human Rights
Contributed to Freshfields’ influential 2005 legal framework for integrating environmental, social and governance issues into institutional investments
Providing recent advice, including Chapman Tripp 2019 climate change opinion, addressing ESG considerations and investment law

Ryan Taylor v New Zealand Olympic Committee, Sports Tribunal, 28 July 2016, ST 02/12 (non-selection challenge for the Rio de Janiero Olympics)
Marteletti v Athletics New Zealand, Sports Tribunal, 28 July 2016, ST13/16 (non-selection challenge for the London Olympics)