Termination of $1.5 billion purchase
Acted for Asia
Pacific Village Group in a High Court dispute over its successful termination of its NZ$1.5
billion acquisition of Metlifecare. This case was one of the first pieces of
litigation in New Zealand resulting from COVID-19, and raised novel issues
concerning material adverse change clauses. After resolving that litigation, we acted as scheme
counsel for a new transaction under which our client took over Metlifecare at a
reduced price of NZ$1.3 billion under a court-approved scheme of arrangement.
Novel climate change claims
Acted for Genesis Energy, defending novel claims concerning its alleged responsibility for greenhouse gas emissions. We were successful in striking out most of the causes of action in the High Court, with the decision now being appealed to the Court of Appeal.
Double derivative claim against former directors
Acted in proceedings concerning the alleged misappropriation of company funds by a former director and trustee. We successfully defended an application to strike out our client's claim, with the High Court accepting for the first time that novel “multiple-derivative" claims can be brought in New Zealand.
Credit Contracts and Consumer Finance Act investigation
Acting for a leading New Zealand bank in a Commerce Commission investigation into information provided to customers that the Commission alleged breached the bank's obligations under the Credit Contracts and Consumer Finance Act 2003. This matter involved novel issues of statutory interpretation, and we successfully settled the investigation.
Representing defendants in securities class action
Acting for a group of defendants in a proposed securities class action in the High Court relating to the initial public offering of Intueri Education Group Limited. The representative plaintiffs allege that untrue statements were made in offer documents and that certain directors failed to comply with continuous disclosure obligations.
Fire at New Zealand International Conference Centre
We are acting for a client in relation to one of the most significant insurance events in recent years – the fire at the New Zealand International Conference Centre.
Test case on settlement agreements and good faith
Acted for Southern Response in a critical test case in the Court of Appeal as to whether an insured can overturn a full and final settlement agreement, as well as the extent to which insurers must act in good faith when handling claims. The case will have significant implications for thousands of settlement agreements entered into in relation to the Canterbury earthquakes.
Phitek – breach of warranty
Acted for the vendor shareholders of Phitek Systems Limited in High Court proceedings that Amphenol Phitek Limited (Amphenol NZ) brought against them for breach of warranty, misrepresentation, and false and misleading conduct under the Fair Trading Act 1986. This matter was successfully settled.
Responsible lending principles claim
Acted for a provider of short terms loans in an action brought by the Commerce Commission alleging that the provider breached responsible lending principles under the Credit Contracts and Consumer Finance Act. This proceeding was the Commission's first proceeding to enforce these principles and was closely watched in the industry as a test case for how the Commission will pursue and resolve claims under the new provisions of the Responsible Lending Code.
Air NZ – flight ban litigation
Acted for Air New Zealand in successfully defending a High Court injunction claim brought by a passenger who was banned from travelling with Air New Zealand for 12 months for abusing Air New Zealand ground staff.
Judicial review of Auckland Council's accommodation rate
Acted for a number of commercial accommodation providers in an application for judicial review in the High Court of a decision by Auckland Council to impose a targeted rate, specifically on accommodation providers, to fund 50% the Council's Tourism Promotion and Major Events budget.
Relativity mechanism litigation
Acting for Te Rūnanga o Ngāi Tahu on the obligations arising under the relativity mechanism provisions which are contained in their 1997 Deed of Settlement with the Crown.
Judicial review of Crown entities
Acting for Kāinga Ora – Homes and Communities in judicial review proceedings following on from the Supreme Court's decision that the Crown owed fiduciary duties to original customary owners of land.
Holidays Act investigations and remediation
Advised employers in the public and private sector on Holidays Act compliance issues and Labour Inspectorate investigations, including identifying non-compliance, remediating employees, defending proceedings and Improvement Notices, and negotiating enforceable undertakings with the Labour Inspectorate.