Jenny works alongside clients to develop strategies to manage and resolve often very challenging and high profile cases. She is an experienced commercial litigator advising in a range of commercial disputes including large scale contractual disputes and negligence claims as well as cases involving breaches of confidence, competition law, consumer law, product recalls and insurance.
Jenny specialises in commercial litigation and competition law. She is a pragmatic, results-focused lawyer who efficiently manages complex, multi-faceted matters. She is seen as 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 proceedings brought by plaintiffs seeking recovery of certain bank fees charged to them. 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 issues and has acted for clients such as 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 advised a number of clients involved in Ministerial Inquiries, assists with drafting submissions on regulatory proposals and advises clients on public law obligations.
Jenny is named as a leading lawyer in dispute resolution and competition/antitrust by Chambers Asia Pacific 2021. 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 2021. Benchmark Litigation Asia-Pacific 2021 ranks Jenny as a leading "Litigation Star".
In 2017 Jenny co-wrote and presented a New Zealand Law Society seminar series "What to do when the contract goes wrong."
In both 2020 and 2021, Jenny was named in Benchmark Asia-Pacific's Top 100 Women in Litigation which recognises leading female litigators who have participated in some of the "most impactful litigation matters in recent history".
Work highlights
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 proceeding
Acted for ANZ in a class action proceeding brought by plaintiffs' seeking recovery of certain bank fees charged to them.
Reinsurance dispute
Acted for AMP in High Court proceedings relating to recovery of certain reinsurance.
Commerce Commission investigations
Acted for both private and public sector clients in investigations conducted by the Commerce Commission under various legislation including for a leniency applicant under the Commerce Act.
Acted for DHB Shared Services in a Commerce Commission investigation into terms of the national pharmacy contract.
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
Acted 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
Acted for BNZ in a breach of confidence claim in the High Court.
Credit card proceedings
Advised 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.
