Our litigation team has an outstanding record of obtaining successful results for its clients and for providing shrewd and accurate tactical advice on how potential litigation situations should best be handled. Our philosophy is that obtaining anything less than the best possible result for the client is unacceptable.
In addition to supporting our commercial and property clients, our civil litigation department have expert skills in a range of other areas. Every member of the team has specialist areas of practise that include debt recovery, guarantee law, construction law, local government law and employment law.
The development of the expertise of individuals in specific areas ensures that the client's work is undertaken and completed by the best person available. Having said that, the department operates as a team not a set of individuals, with all files being discussed by all team members on a weekly basis. It is common also for all members of the team to be working together on complex files.
Recent Significant work has included:
Successfully representing a large Christchurch contractor in a multi-million dollar arbitration against a multi-national company involved in a telecommunications roll-out claiming losses arising from the failure to receive promised quantities of work. The arbitration was complex (factually and legally) and was conducted over a period of three years before a prominent Queens Councel (now High Court Judge). Other contractors involved in the roll-out, had brought similar claims, but our client was the only contractor to succeed and the result saved the company (and family members associated with the company) from inevitable bankruptcy.
Successfully acting for a prominent national Building Society to defend proceedings to set aside loan agreements on the grounds that they had been obtained by undue influence, mistake or were unconscionable. The claims against the Building Society were all unsuccessful and most were abandoned after our cross-examination of other party's witnesses. The result of the case was important to protect the commercial reputation of the client.
Conducting a high profile High Court claim for an order admitting a will to probate under which ownership of valuable land now forming part of Westfield Mall at Riccarton had been left to our client. The claim was opposed by other actual and potential beneficiaries all represented by Queens counsel and involved issues of duress and testamentary capacity. The case was settled on generous terms in our client's favour following two days of hearing in the High Court.
Representing a developer of a multi-storey commercial building in adjudication proceedings under the Construction Contracts Act 2002 involving a complex claim by a piling contractor for variations to its contract claimed on the basis that the extent of timber obstructions encountered was unforeseeable. The case involves many technical issues relating to the effect of NZS3910:2003, Christchurch geology, the practises of piling contractors and historical evidence of encountered obstructions in Christchurch construction projects.
We invite you to contact our Litigation experts on the contact details provided on this page.
