Nick Moffatt

Special Counsel Auckland

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​​Nick has experience advising banks, liquidators, receivers and creditors on matters relating to insolvency and enforcement including the validity, priority and enforcement of security and taking recovery action in liquidations and receiverships. With a particular interest in voidable transactions and personal property securities issues, Nick navigates his clients confidently through this controversial and complex area.

Nick has recently acted for KPMG as liquidators of Starplus Homes (In Liquidation) and has worked closely with banking clients on various disputes, including claims relating to cheque fraud and breach of retainer.

Work highlights

Takapuna Procurement (In Liquidation)
Advising PwC, as liquidators, in an insolvent transaction claim brought against Ebert Construction which led to a landmark decision in the High Court regarding the voidability of payments made under direct payment agreements that are in wide use in the construction industry.

Southern Response Earthquake Services class action
Assisting Southern Response in defending proceedings in which customers have sought Court approval to proceed as a representative class action. The customers allege that Southern Response misrepresented its obligations under insurance policies, unreasonably delayed processing and settling claims, and understated the true costs of rebuilds and repairs.