Dispute Resolution Experience.


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.

A representative sample of experience across these areas includes:

Commercial litigation
  • 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
Arbitration and mediation
  • 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
Cross-border disputes
  • 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
Climate change and the law
  • 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
Administrative law and judicial review
  • 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
Corporate crime, fraud and bribery and corruption
  • 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 
Business and human rights
Sports 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)