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

“Bell Gully is a premier legal firm across the spectrum, and this includes in litigation work,” says a client. The firm’s innovative litigation team is described as being “aware of the goal and is able to apply itself to find a solution in the most complex matters”. It provides great depth and breadth of experience, and has the capacity and flexibility to deal with large and small matters alike in all areas of commercial, public and private law.

The firm’s large team of specialist commercial litigators is led by practice leader Ralph Simpson. “Ralph regularly appears as counsel on major commercial matters in the High Court and the Court of Appeal,” says one competitor.

Star partner Murray Tingey’s litigation and broader commercial expertise has been applied to the most significant insolvency matters in New Zealand in recent years, and he has “unparalleled expertise and experience in this area”, says a client.

Chapman Tripp retains its position following another strong year as one of the most popular choices for dispute resolution among bank and asset management companies. “The firm’s capabilities are solid, and we have instructed both its Wellington and Auckland offices,” says a client.

Practice leader Jack Hodder leads a solid team that has a truly national reach. Partner Michael Arthur has “a solid track record in resolving disputes in the courts”, before tribunals, and in formal and informal negotiations. Not to be overlooked is partner Adam Ross, who is “highly regarded for his capability in producing solid work”, says a competitor.

In the last year, Chapman Tripp represented Siemens AG against the Commerce Commission’s claim that the company was involved in a possible price-fixing cartel for gas insulated switchgear in New Zealand. This is one of the first cases to address the meaning of price fixing in the context of provisions in the Commerce Act.

Buddle Findlay’s litigation and dispute resolution team has substantial experience in resolving complex and significant commercial disputes. It includes some of the country’s preeminent commercial litigators.

Head of department Graeme Hall has broad experience in commercial litigation including court action. Commercial litigation specialist Laura O’Gorman is “always ready to battle” and “definitely a tough opponent”, says a competitor.

The firm acted for the Electricity Authority in two sets of proceedings, an appeal and a judicial review. This involved the Electricity Commission’s decision to grant an exemption to the reconciliation manager concerning revisions to invoices for electricity on the grounds of error.

Other representation includes work for Trustees Executors, on a priority dispute over shares held by various Alan Hubbard-related entities including South Canterbury Finance.

Gilbert Walker is a specialist law firm in litigation and arbitration and retains its standing as one of New Zealand’s top dispute resolution firms. The firm maintains a low ratio of senior to junior lawyers to ensure that senior lawyers are fully involved in the handling of each case.

Murray Gilbert, a former partner at Kensington Swan, is one of New Zealand’s leading commercial litigators. Peers commend him as being “very good at his work” and having “an unmatched ability to break down a case”.

Fellow founding partner Campbell Walker is “one of the best in litigation in New Zealand”, and specialises in all areas of commercial law. He is seen as “a future pillar of this practice in New Zealand”, says a competitor.

The past year saw the team acting for Turners & Growers in a claim where the company challenged the legality of the statutory single desk regime for kiwifruit exports. Although this initial claim was reputed, the team was eventually able to successfully appeal the decision.

The Minter Ellison dispute resolution team has continued to go from strength to strength in recent years. With major banks and asset management companies as clients, the firm has enjoyed yet another busy year.

The firm advised Korda Mentha in successful High Court proceedings over the last year. The proceedings were brought by Korda Mentha in its role as receivers, appointed by Westpac, to Crafar Farms in a security dispute involving approximately six thousand dairy cows.

The firm also acted for Allied Farmers and Allied Farmers Investments in the defence of a claim by Hanover Finance and OHL for US$4.15 million. This litigation is of public interest as it involves disputes to the status and value of the former Hanover Finance assets.

Russell McVeagh’s outstanding dispute resolution team has continued to play a prominent role on significant and large litigation across New Zealand. Head of department Michael Herron is described as “a very safe pair of hands in commercial litigation”. Peers on the opposite side of disputes are equally gushing about Herron: “Michael is top drawer lawyer; a really good legal operator.”

The firm represented Allan and Jean Hubbard in relation to issues arising from the imposition of statutory management. The Government placed Aorangi Securities and seven of Hubbard’s other trusts into statutory management, which was followed by an investigation by the Serious Fraud Office.

Another notable highlight was acting for Mainzeal in respect of leaky building claims for a 72-unit building. This was a complex matter as land was not to be offered back on mere technicalities. Rather, consideration was to be given to the very nature of the particular public work in question.

“Simpson Grierson has a high level of knowledge and expertise on dispute resolution matters”, says one client. “We only use Simpson Grierson because it produces high quality work and is on a par with the other top tier firms.”

The dispute team works closely with other specialist groups in the firm to provide strategic advice on risk management, and to ensure the cost-effective and timely resolution of disputes. The firm acted for Westpac Banking Corporation on a High Court proceeding commenced by Yandina Investments. Yandina claimed that Westpac, together with ANZ National and BNZ Investments, breached equitable obligations to the sum of US$60 million.

DLA Phillips Fox is constantly involved in complex corporate, commercial and public law litigation in New Zealand. The firm’s Wellington practice has one of the largest public law practices because of its lead provider relationship with Wellington City Council.

The firm successfully represented Tyco International, Tyco Electronics and Covidien in a recent High Court proceeding. This matter involved seeking declarations and orders to validate potentially void allotments under historical employee incentive and share purchase schemes.

Another transaction saw the firm act for an Australasian quantity surveying firm on instructions from its insurer, Allianz Australia Insurance, in defence of professional negligence claims in excess of US$12 million by the owners.

“Kensington Swan has a solid team of litigators,” says one rival law firm partner. Auckland-based partner John Land specialises in competition and commercial litigation. Other notable practitioners include Andrew Skelton, “a deeply experienced commercial litigator”, and Daniel Hughes, who focuses on insolvency and the enforcement of securities.

The Kensington Swan team advised Escorial Company, Saxmere and a group of other fine wool growers in a proceeding against the Wool Board Disestablishment Company involving marketing decisions made by the Wool Board.