Bank fees litigation
Acting for ANZ in defence of class action proceedings brought by plaintiffs who represent approximately 17,000 ANZ customers. This case is novel in that it involves a litigation funder and is a representative proceeding.
Ross Asset Management litigation
Acting for PwC who were appointed receivers of the Ross Asset Management group of companies, and Mr Ross personally, by the Court on application by the Financial Markets Authority (FMA). The company appears to be the largest ponzi scheme in New Zealand history. Investors face a theoretical shortfall of over NZ$400 million.
PwC - Nathans Finance NZ Limited (In Receivership)
Acting for the receivers in bringing claims against directors and auditors of collapsed New Zealand finance company Nathans Finance.
OPI Pacific Finance (In Receivership) litigation
Acted for PwC as receiver of OPI Pacific Finance, against its former auditors. The claim raised complex issues relating to auditors' liability for corporate failure, their duties in relation to issuers of securities, and causation.
ASB - South Canterbury Finance
Acted for ASB in a significant priority dispute with South Canterbury Finance. We were successful in overturning the High Court decision in the Court of Appeal.
PwC - Steigrad v BFSL Limited 2007
Acted for the receiver of Bridgecorp in the High Court, Court of Appeal and Supreme Court litigation in what has been described as "potentially the most important case affecting Australian liability insurance ever" – whether a charge prevents directors from accessing defence costs.
Corporate Finance - Cash Handling Systems
Acted for the liquidators of Cash Handling Systems in defending a claim in the High Court by an aggrieved shareholder against the liquidators. The claim settled before trial.
McGrath Nicol - Allied Nationwide Finance
Acted for the receivers of Allied Nationwide Finance in a High Court claim against a bank alleging an improper hive-down and commercial conspiracy. The claim settled before trial.
ANZ – Cedenco (In Receivership)
Advised ANZ and Korda Mentha as receivers of Cedenco on a successful claim regarding the examination of bank officers about the company. The case addressed the scope of liquidators' powers, resolved the controversy over whether they are officers of the Court, and examined complex cross-border issues in insolvency law in New Zealand and Australia.
PwC – Bridgecorp Limited (In Receivership)
Acted for the receivers of Bridgecorp on a number of litigation matters including proceedings issued against directors, insurance claims and realisation of property.