Below are some of the cases James has worked on
Advised an insurer on issues arising in relation to a claim for damage to third party products held by the insured, where the third party's claim exceeded the limit of liability under the policy. The insured's claim was settled without proceedings being issued.
Houghton v Saunders
Advising the prospectus liability insurer in representative proceedings (a "class action") brought by more than 3,600 investors in Feltex Carpets Limited's initial public offering who were seeking to recover investments of more than $170 million. This case has shaped much of New Zealand's jurisprudence on litigation funding and representative proceedings.
Acted for the lead retrocessionaire in relation to the Christchurch City Council’s material damage and business interruption claims for above ground assets. These complex claims were settled by negotiation for a total of $635 million.
Assisted in advising a principal insurance creditor of CBL Insurance Limited, following the appointment of interim liquidators to CBL.
Acted for a life insurer in relation to allegations of product bundling and misrepresentations by a competitor.
Acted for large corporates in undertaking reviews of insurance coverage.
Acted for the sole director and 50% shareholder on a contested application to have the company placed into liquidation. The application was opposed by the other 50% shareholder (supported by some creditors), who asserted that an alternative to liquidation was available.
Hamilton Street Investments Limited (in liquidation) v Fairway Holdings Limited & Ors
Acted for liquidators in related proceedings claiming recovery of a dividend, breach of directors’ duties and setting aside of insolvent transactions. The proceedings were settled prior to trial.
Vlasic v Zelande Limited
Acted for liquidators in an application for directions to determine a bailee’s claim to a lien in priority to a registered security interest. On a preliminary, procedural issue the High Court held, in favour of the liquidators, that disputed issues of breach of contract and breach of duty were properly the subject of an application for directions where the object was to determine the amount (if any) of the bailee’s claim in the liquidation. The substantive application was subsequently settled by agreement
Re Medicann NZ Holdings Limited
Acting for liquidators in the solvent liquidation of a medicinal cannabis company, to determine who are creditors and shareholders of the company.
Acting for creditors in a dispute over the proceeds of the sale of land by a mortgagee in possession.
Acting for companies in claims for payment of disputed debts, including applications to set aside statutory demands.
Lead counsel for the applicant in civil enforcement proceedings under the Harmful Digital Communications Act 2015. These were the first civil proceedings under the Act to reach trial.
Represented the former client of a law firm in a claim relating to negligent taxation advice. The claim was settled without proceedings being issued.
Acted for the plaintiff in proceedings against a law firm (negligence, dishonest assistance and undue influence) and a bank (knowing receipt and undue influence) arising out of a property transaction between family members. The proceedings were settled prior to trial.
Acted for a law firm in proceedings to authorise the release of funds held in the firm’s trust account, in circumstances where the agreement on which the funds were held could no longer be fulfilled.
Represented the vendor of a business in negotiations with its landlord, to obtain consent to assignment of the lease of the business premises.
Li v 110 Formosa (NZ) Limited
Represented a defendant in proceedings alleging constructive trust, breach of fiduciary duty, and resulting trust in relation to the purchase of a significant parcel of land in Auckland. The claims against the defendant were settled in advance of trial.
Acted for one party in a dispute between shareholders of a significant South Island wholesale and retail business. The dispute was resolved shortly after proceedings were issued.
Acted for the purchaser of methamphetamine contaminated residential property in claims against the vendors. The claims were settled after proceedings were commenced.
Represented a large professional services firm in an inquiry by the Financial Markets Authority into the preparation of an independent valuation for a listed company.
Need legal advice? Contact James today.
CONTACT