Jenny works alongside clients to develop strategies to manage and resolve often very challenging and high profile matters. She is an experienced commercial litigator who has advised on a range of commercial disputes, including large scale contractual disputes and negligence claims, competition law and other regulatory / administrative law actions, banking matters and class actions. She has successfully represented a range of commercial and public sector clients in court and arbitration proceedings and in negotiations.
Jenny specialises in commercial litigation and competition law. She is a pragmatic, results-focused lawyer who efficiently manages complex, multi-faceted matters. She is a trusted advisor to many clients.
Jenny advised Danone on all aspects of its dispute with Fonterra following the August 2013 whey protein concentrate botulism scare. This included representing Danone in New Zealand High Court proceedings, as co-counsel in an UNCITRAL international arbitration in Singapore, and in the related Government Inquiry into the crisis and the prosecution of Fonterra by MPI. In November 2017, Danone obtained an award in the Singapore arbitration that Fonterra pay it €105 million (NZ$183 million). Fonterra had provisioned only NZ$11 million for the dispute, reflecting what it described as its "maximum contractual liability to Danone". This case is one of the highest profile and most complex cases in New Zealand.
Jenny acts for defendants in class action proceedings including acting for ANZ Bank in two separate class action proceedings brought against it. Jenny co-authored the New Zealand chapter of the Class Actions Global Guide, published by Thompson Reuters for 2015/2016 and 2016/2017.
Jenny is a well-known advisor on competition and other regulatory issues. She acted for Ampol on all the competition law aspects of its $1.7 billion acquisition of Z Energy, obtaining a Commerce Commission clearance for the acquisition, supported by a divestment undertaking in relation to Ampol’s Gull business. She regularly acts for commercial clients in Commission investigation and proceedings including having acted for ANZ Bank and Singapore Airlines Cargo in some of New Zealand's largest competition law cases brought by the Commerce Commission. She has extensive experience working with businesses involved in regulatory investigations. She has also acted for the Commission in one of the few court actions brought under the business acquisition section of the Commerce Act.
Jenny is a regular adviser to the Electricity Authority and successfully represented it in a judicial review of the Authority’s decision to publish guidelines for a new Transmission Pricing Methodology.
Jenny has advised a number of clients involved in Ministerial Inquiries and in a Royal Commission of Inquiry.
Jenny is named as a leading lawyer in dispute resolution and competition/antitrust by Chambers Asia Pacific 2022. A client notes that she is "great at dealing with complex litigation and regulatory matters." Jenny's experience in commercial litigation, competition law and insolvency disputes is highlighted in the directory, with clients noting that "she is a very good, accomplished lawyer." Jenny is also recognised as a leading individual for dispute resolution and competition law by The Legal 500 Asia Pacific 2022. Benchmark Litigation Asia-Pacific 2021 ranks Jenny as a leading "Litigation Star".
Work highlights
Ampol’s acquisition of Z Energy and sale of Gull
Advising Ampol on all of the competition law aspects of its $1.7 billion acquisition of Z Energy by way of court-approved scheme of arrangement together with its divestment of its Gull business to Allegro. This work involved obtaining a Commerce Commission clearance for the acquisition, which was supported by a divestment undertaking in relation to Ampol’s Gull business.
Bank disclosure class action
Acting for ANZ Bank in defence of a class action brought by customers alleging errors in disclosing loan details.
Electricity Authority Transmission Pricing Judicial Review
Successfully representing the Electricity Authority in a High Court judicial review of its decision to publish guidelines for a new Transmission Pricing Methodology – the mechanism by which Transpower, as owner of the electricity grid, recovers costs from transmission customers.
Royal Commission of Inquiry into Abuse in Care
Advising and representing The Salvation Army as a participant in the Royal Commission of Inquiry into Abuse in State Care and in the care of Faith Based Institutions. This is the largest inquiry in New Zealand’s history, with a wide ranging scope and a number of investigations into different aspects of historical abuse in care undertaken.
Commerce Commission proceedings
Acting for the Commerce Commission in proceedings under section 47 of the Commerce Act against Wilson Parking New Zealand.
Danone dispute
Acting for Danone in all aspects of its dispute with Fonterra following the August 2013 whey protein concentrate botulism scare including acting and appearing in New Zealand High Court proceedings issued by Danone, acting and appearing as co-counsel in an UNCITRAL international arbitration in Singapore, and representing Danone in the related Government Inquiry into the crisis and the prosecution of Fonterra by MPI. In November 2017, Danone obtained an award in the Singapore arbitration that Fonterra pay it €105 million (NZ$183 million).
Bank fees class action
Acting for ANZ in a class action proceeding brought by plaintiffs' seeking recovery of certain bank fees charged to them.
Commerce Commission proceedings
Acting for both private and public sector clients in investigations conducted by the Commerce Commission under various legislation including seeking and obtaining leniency for applicants under the Commerce Act.
Ministerial Inquiry into Novopay
Acting for Talent2, the national payroll provider for all schools in New Zealand, in the Ministerial Inquiry into the Novopay project.
Singapore Airlines Cargo price fixing allegation
Acting for Singapore Airlines Cargo in proceedings brought by the Commerce Commission against a number of cargo airlines alleging price fixing.
BNZ breach of confidence claim
Acting for BNZ in a breach of confidence claim in the High Court.
Reinsurance dispute
Acting for AMP in High Court proceedings relating to recovery of certain reinsurance.
Credit card proceedings
Advising ANZ in proceedings brought by the Commerce Commission under the Commerce Act against all the major banks, Visa and MasterCard concerning price fixing of multilateral interchange fees.
