Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

Bell Gully’s litigation practice is widely viewed as New Zealand’s most high-profile litigation team, and is one of New Zealand’s largest dispute resolution groups. The firm acted on high-profile cases, advising Carter Holt Harvey in High Court claims ... [more]

Bell Gully’s litigation practice is widely viewed as New Zealand’s most high-profile litigation team, and is one of New Zealand’s largest dispute resolution groups. The firm acted on high-profile cases, advising Carter Holt Harvey in High Court claims against Genesis Energy and Rolls-Royce NZ regarding a co-generation plant. It also represented ANZ National Bank in the claim brought by the Commerce Commission for alleged price-fixing of credit card interchange fees, and Woolworths in its application to the Commerce Commission and subsequent appeal to the High Court for clearance for its acquisition of The Warehouse Group.

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Chapman Tripp has a strong team of litigators that includes Jack Hodder, who is known as a leading individual by clients. Hodder’s recent experience includes advising MasterCard International in a dispute brought by the Commerce Commission for alleged ... [more]

Chapman Tripp has a strong team of litigators that includes Jack Hodder, who is known as a leading individual by clients. Hodder’s recent experience includes advising MasterCard International in a dispute brought by the Commerce Commission for alleged price-fixing. He also worked alongside Principal Victoria Heine in acting for Powerco in its pursuit of Wellington City Council and Wellington Water Management for losses suffered as a result of the large-scale incursion of water into Powerco’s Wellington gas network.

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The head of the dispute resolution practice at the firm is Graeme Hall who last year acted for an international airline in Commerce Commission proceedings over an allegation of an air cargo cartel. Another highlight saw Laura O’Gorman advising Wellington ... [more]

The head of the dispute resolution practice at the firm is Graeme Hall who last year acted for an international airline in Commerce Commission proceedings over an allegation of an air cargo cartel. Another highlight saw Laura O’Gorman advising Wellington International Airport in a judicial review for the setting of landing charges. O’Gorman also advised on another judicial review this time for the Electricity Commission on its decision to approve the North Island Grid Upgrade. The trail took place in the High Court in August 2008 and the decision is awaited.

The firm also took on a number of other energy cases including Contact Energy’s ongoing litigation over CEL’s acquisition of Poihipi power station and associated land and advising GE Power Systems’ over a warranty claim by a co-generation plant owner.

Additionally Laura O’Gorman acted for the receivers of EXCPL in regard to proprietary claims over stock proceeds with the deals worth in excess of NZ$230,000 and NZ$700,000.

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Last year John Land and David Campbell of Kensington Swan acted for a group of New Zealand retailers including Progressive Enterprises and Foodstuffs in proceedings against the major trading banks and the Visa and MasterCard credit card schemes over ... [more]

Last year John Land and David Campbell of Kensington Swan acted for a group of New Zealand retailers including Progressive Enterprises and Foodstuffs in proceedings against the major trading banks and the Visa and MasterCard credit card schemes over breaches of the Commerce Act, amendment of the scheme rules and damages. The case has the potential to set a precedent in other international jurisdictions.

Another notable case saw the firm acting for Holmes Construction in the District, High and Appeal courts in a landmark case in regard to the relationship between the Construction Contracts Act and insolvency.

Another highlight saw Grant Nicholson acting for Waitakere City Council and Waitakere Properties in the defense of a claim of breach of contract over the sale and purchase transaction for land worth NZ$7 million.

Andrew Skelton and Kelly Wilshere also acted for Mainzeal Property and Construction in adjudication proceedings against the vector Arena operator in respect of final payment under the construction contract.

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Mark Sandelin leads Minter’s disputes practice and last year acted for Korda Mentha as the receivers of Whisper Cove including litigation over sale and purchase enforcement agreements in the high court.On the IP side, Zane Kennedy advised Credit Management ... [more]

Mark Sandelin leads Minter’s disputes practice and last year acted for Korda Mentha as the receivers of Whisper Cove including litigation over sale and purchase enforcement agreements in the high court.

On the IP side, Zane Kennedy advised Credit Management Systems over a software dispute against Fisher & Paykel Financial Services with the claim based on misrepresentation, breach of fair trading and breach of copyright.

Anna Rawlings acted for BNZ in its defense of a claim brought by the Commerce Commission over the basis for BNZ’s participation in the Visa and MasterCard credit card schemes. The trial is set for three months starting in October 2009.

Another client is Shell Exploration NZ who James Douglas is advising over a commercial dispute between the parties to an oil and gas exploration joint venture in the Pohokura gas field.

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One of Russell McVeagh’s biggest dispute cases last year saw Andrew Butler advise the Bank of New Zealand and its subsidiaries in proceedings against the Commissioner of Inland Revenue over a NZ$416 million tax dispute in regard to the amended assessments ... [more]

One of Russell McVeagh’s biggest dispute cases last year saw Andrew Butler advise the Bank of New Zealand and its subsidiaries in proceedings against the Commissioner of Inland Revenue over a NZ$416 million tax dispute in regard to the amended assessments for the years 1998-2005.

Another prominent case was for Shell Petroleum. Sarah Katz represented the oil company in the successful defense of an insider trading allegation, the first case of its type to reach trial in New Zealand history. The case arose from Shell’s takeover of Fletcher Energy in 2001. Adrian Olney meanwhile found himself on the other side from Shell as he advised Todd Energy on contractual and antitrust claims against the oil company and OMV in regard to the Pohokura gas field. The trial is set for February 2010.

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Simpson Grierson has impressive statistics to back up its dispute resolutions practice with 18 cases noted in the New Zealand Law Reports in 2008/9. The firm can also point to a 5:1 win loss ratio in the Supreme Court in the same period.A high-profile ... [more]

Simpson Grierson has impressive statistics to back up its dispute resolutions practice with 18 cases noted in the New Zealand Law Reports in 2008/9. The firm can also point to a 5:1 win loss ratio in the Supreme Court in the same period.

A high-profile client is Rolls-Royce and last year Graeme Christie acted for the car company in relation to a NZ$150 million damages claim over the Kinleith Co-Generation Plant. The firm also acted for Westpac Banking in a challenge to the Commissioners re-assessment of a number of cross-border transactions from the period 1998-2002 valued in excess of NZ$900 million.

In addition, Tim Stephens was called on by OMV New Zealand to advise in a dispute over joint venture arrangements in relation to the Commerce Act. The firm was also involved in a multi-party litigation with cross-border issues arising out of a financing transaction where damages claims were made totalling NZ$190 million.

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One of DLA’s key cases saw Iain Thain acting for Cathay Pacific in proceedings brought by the Commerce Commision over alleged price fixing. Thain was also involved as the firm acted for Manukau City Council in a dispute with the Counties Manukau Pacific ... [more]

One of DLA’s key cases saw Iain Thain acting for Cathay Pacific in proceedings brought by the Commerce Commision over alleged price fixing. Thain was also involved as the firm acted for Manukau City Council in a dispute with the Counties Manukau Pacific Trust over the entitlement to profit on a repurchase of land.

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