Gilbert/Walker - litigation and arbitration specialists

AREAS OF EXPERTISE

We act for companies, financial institutions and insurers in a wide range of high-profile and complex commercial disputes.

SELECTED CASES

Cygnet Farms Limited v ANZ Bank New Zealand Limited [2017] NZLR 538 (HC)

Development Auckland Ltd (formerly Auckland Waterfront Development Agency Ltd) v Mobil Oil New Zealand Ltd [2017] NZLR 48 (SC); [2016] 2 NZLR 281 (CA); (2014) 15 NZCPR 391 (HC)

InterCity Group (NZ) Ltd v Nakedbus NZ Ltd [2014] 3 NZLR 177

DNZ Property Fund Management Ltd v Argosy Property Management Ltd (HC 2011)

ANZ National Bank Ltd v TOWER Insurance Ltd [2010] NZCA 267

We provide strategic advice and advocacy to principals and contractors on major construction projects in a wide range of areas, including:

  • payment claims under the Construction Contracts Act
  • disputed variation claims
  • claims on performance bonds
  • claims against sub-contractors
  • liquidated damages and penalties

Our advocacy experience covers all dispute resolution mechanisms in the construction sector, including mediation, adjudication, expert determination and court proceedings.

We are leading insurance law experts and provide representation and strategic advice to many of New Zealand’s major insurers.

We are particularly recognised for our expertise in professional indemnity, public liability and directors’ and officers’ insurance.

SELECTED CASES

Heartland Bank Ltd (formerly Marac Finance Ltd) v Vero Liability Insurance Ltd [2015] NZCA 288; [2014] NZHC 1974; [2014] 2 NZLR 93

TOWER Insurance Ltd v Domenico Trustee Ltd [2015] NZCA 372, [2015] NZHC 98

Skyward Aviation 2008 Ltd v Tower Insurance Ltd [2015] 1 NZLR 341 (SC); [2014] 2 NZLR 713 (CA); [2013] NZHC 1856

O’Loughlin v TOWER Insurance Ltd [2013] 3 NZLR 275

Re Earthquake Commission [2011] 3 NZLR 695

Vero Liability Insurance Ltd v Symphony Group Ltd & O’rs [2008] NZCA 419

We are trusted advisers to many of New Zealand’s largest professional firms and indemnity insurers.

SELECTED CASES

Shields v Hayward & Anor [2017] NZHC 261

Hotchin v NZGT & Perpetual Trust Ltd [2014] 3 NZLR 685 (CA); [2014] 3 NZLR 655 (HC)

Antons Trawling Ltd v Dawson & Associates Ltd [2016] NZHC 982

Davys Burton v Thom [2009] 1 NZLR 437 (SC); [2008] 1 NZLR 193 (CA)

Cavell Leitch Pringle & Boyle v Thornton Estates Ltd [2008] 3 NZLR 637 (CA)

Atlas Specialty Metals Ltd v KPMG (2007 HC)

We act for companies and individuals in connection with investigations, prosecutions and civil proceedings brought by the Commerce Commission, Securities Commission, and Serious Fraud Office.

SELECTED CASES

Financial Markets Authority v Warminger HC 2016

R v J L Hotchin (Nathans Finance Securities Commission prosecution 2011)

R v Connolly & O’rs (Digi-Tech SFO prosecution 2005-2009)

R v Porter, Pharo & O’rs (Helicopter Trust SFO prosecution 2005)

We have acted in a number of significant proceedings involving Commerce Act and Fair Trading Act issues.

SELECTED CASES

InterCity Group (NZ) Ltd v Nakedbus NZ Ltd [2014] 3 NZLR 177

Turners & Growers Ltd v Zespri Group Ltd (HC 2010-2011)

David v TFAC Ltd [2009] 3 NZLR 239

We practise in most substantive areas of law and commerce. Our goal is to be clients’ law firm of choice for their most significant and challenging commercial disputes.

We are trusted by major companies and professional firms to handle their most sensitive matters, many of which are resolved on confidential terms.

A selection of matters in which our lawyers appeared as counsel in the Supreme Court, Court of Appeal and High Court is listed below.

Supreme Court

Development Auckland Ltd (formerly Auckland Waterfront Development Agency Ltd) v Mobil Oil New Zealand Ltd [2017] NZLR 48 (SC); [2016] 2 NZLR 281 (CA); (2014) 15 NZCPR 391 (HC)

Obligations of tenant to remediate contaminated land under terms of lease.

Skyward Aviation 2008 Ltd v Tower Insurance Ltd [2015] 1 NZLR 341 (SC); [2014] 2 NZLR 713 (CA); [2013] NZHC 1856

Test case on operation of total replacement policy for residential insureds in the context of Christchurch earthquake claims

Totara Investments Ltd v Crismac Ltd  [2010] 3 NZLR 285

Interpretation of commercial contracts

Premium Real Estate Ltd v Stevens [2009] 2 NZLR 384 (SC); [2009] 1 NZLR 148 (CA)

Nature and scope of real estate agents’ fiduciary duties

Davys Burton v Thom [2009] 1 NZLR 437 (SC); [2008] 1 NZLR 193 (CA)

When a cause of action in negligence accrues for purposes of the Limitation Act 1950

R v Reid [2008] 1 NZLR 575

Principles to be applied in awarding costs under the Costs in Criminal Cases Act 1967

Macalister Todd Phillips Bodkins v AMP General Insurance Ltd [2007] 1 NZLR 485

Construction of solicitors’ professional indemnity insurance policy

Court of Appeal

Heartland Bank Ltd (formerly Marac Finance Ltd) v Vero Liability Insurance Ltd [2015] NZCA 288; [2014] NZHC 1974; [2014] 2 NZLR 93

Liability of insurer to indemnify under crime insurance policy

Manchester Securities Limited v Body Corporate [2015] NZCA 29l; appeal from Body Corporate 172108 v Meader [2014] NZHC 2794

Appeal against refusal of an application for discovery in High Court proceedings for variation of a building repair scheme settled under s 48 of the Unit Titles Act 1972

TOWER Insurance Ltd v Domenico Trustee Ltd [2015] NZCA 372, [2015] NZHC 98

Insurer’s election to settle on a cash basis; affirmation of the requirement to decide the case in accordance with the pleadings

Forivermor Ltd v ANZ Bank New Zealand Ltd [2014] NZCA 129; [2012] NZHC 1763

Claim for damages against bank in respect of refusal to provide funding for purchase of farm

Hotchin v NZGT & Perpetual Trust Ltd [2014] 3 NZLR 685 (CA); [2014] 3 NZLR 655 (HC)

Equitable contribution and co-ordinate liability between parties under s 17 of the Law Reform Act 1936

Law v TAN Corporate Trustee Ltd [2013] 1 NZLR 651

Appeal against scheme for remediation of a unit title development dismissed

i-Health Ltd v iSoft NZ Ltd [2012] 1 NZLR 379

Construction of a limitation clause in a contract for the sale of a health information software business

Levin v Ikiua [2011] 1 NZLR 678

Claims by liquidators in relation to dispositions to insiders

ANZ National Bank Ltd v TOWER Insurance Ltd [2010] NZCA 267

Claims related to the ownership of bank-branded insurance policies

ALF No 9 Pty Ltd v Ellis [2010] NZCA 529

Claims by a litigation funder as assignee of causes of action from a company in liquidation

David v TFAC Ltd [2009] 3 NZLR 239

Claims under the Fair Trading Act 1986 arising out of the purchase of a business franchise

Robertson v Official Assignee [2008] NZCA 500

Whether a disposition was voidable by the Official Assignee under the Insolvency Act 1967

Vero Liability Insurance Ltd v Symphony Group Ltd [2008] NZCA 419

Property developer’s claims against an insurer struck out

Cavell Leitch Pringle & Boyle v Thornton Estates Ltd [2008] 3 NZLR 637

Professional negligence claims against solicitors dismissed

Securities Registry Ltd v Gomes [2008] NZCA 567

Dismissal of claims against an accountant upheld

High Court

Shields v Hayward & Anor [2017] NZHC 261

Claims against a law firm arising out of the preparation of a will and trust deed for an elderly client

Cygnet Farms Limited v ANZ Bank New Zealand Limited [2017] NZLR 538 (HC)

Claims against a bank arising out of the sale of interest rate swaps to a rural customer

Antons Trawling Ltd v Dawson & Associates Ltd [2016] NZHC 982

Claims against a solicitor arising out of the sale of a fishing trawler

Antons Trawling Ltd v Dawson & Associates Ltd [2016] NZHC 980

Application to lead further evidence after trial

Boyd v ANZ Bank New Zealand Ltd [2015] NZHC 2732

Negligence claim struck out on limitation grounds

Green v Green [2015] NZHC 1218

Challenges to the validity of a will and to the validity of the exercise of certain powers of removal and appointment

Torchlight Fund No 1 LP (in receivership) v Johnstone [2015] NZHC 2559

Late payment fee in a loan comprised an unenforceable and irrecoverable penalty

Domenico Trustee Ltd v TOWER Insurance Ltd [2014] NZHC 2657

Discovery of documents evidencing relationship between a proposed expert witness and the party and its advocate

Auckland Regional Rescue Helicopter Trust v Auckland Regional Amenities Funding Board [2014] NZHC 647

Judicial review of Funding Board’s decision to reduce annual grant to Rescue Helicopter Trust

InterCity Group (NZ) Ltd v Nakedbus NZ Ltd [2014] 3 NZLR 177 (HC)

Use of Google AdWords – trade marks – passing off

Perpetual Trust Ltd v Capital + Merchant Finance Ltd (in rec and in liq) [2013] NZHC 2320

Appointment of replacement trustee and payment of trustee’s ongoing costs and expenses

Sharman v NZ Association of Counsellors [2013] NZHC 3553

Judicial review of disciplinary proceedings

Easton v Larsen [2013] NZHC 2859

Applications for amendment to pleadings and adjournment of proceedings denied

Body Corporate 172108 v Manchester Securities Ltd [2013] NZHC 2441

Application of transitional provisions in the Unit Titles Act 2010

Body Corporate 172108 v Manchester Securities Ltd [2013] NZHC 3295

Leave to appeal an arbitrator’s award on a point of law refused

O’Loughlin v TOWER Insurance Ltd [2013] 3 NZLR 275

Insurance claim for earthquake damage to residential property in the ‘red zone’

InterCity Group (NZ) Ltd v Nakedbus NZ Ltd [2013] NZHC 379

Interim injunction restraining use of Google AdWords refused

Edenz Colleges Ltd v Chief Executive of MBIE [2012] NZHC 3452

Judicial review of decision to suspend processing of student visas

Tompkins v Wensley Developments The Marina Ltd (in liq) [2012] NZHC 1863

Alleged misrepresentation and purported cancellation of sale and purchase agreement

First Sovereign Trust v New Zealand Racing Board [2012] NZHC 1784

Alleged defamation – jury trial

NZF Money Ltd (in rec) v O’Connor [2012] NZHC 803

Freezing injunction in support of a claim based on alleged breaches of directors’ duties

SEA Management Singapore Pte Ltd v Professional Service Brokers Ltd (2012)

Whether a substantial holding company should be put into liquidation because the directors were deadlocked

National Finance 2000 Ltd (in rec and in liq) v William Buck New Zealand Ltd (2011)

Duties owed by trustees of debt securities to issuers of securities

Holmes Capital Ltd v Marra (2011)

Enforcement of a settlement agreement

Re Earthquake Commission [2011] 3 NZLR 695

EQC’s obligations where properties suffer multiple occurrences of natural disaster damage

DNZ Property Fund Management Ltd v Argosy Property Management Ltd (2011)

Dismissal of application for injunction sought in relation to proposals for the internalisation of Argosy’s management function

Turners & Growers Ltd v Zespri Group Ltd (2011) 13 TCLR 286

Claims under sections 27 and 36 of the Commerce Act 1986

Re HIH Casualty and General Insurance (NZ) Ltd (in liq) (2011)

Claims in liquidation of failed insurer

Russell v Robinson [2011] 2 NZLR 424

Termination of commercial lease where premises rendered untenantable

R v J L Hotchin (2011)

Securities Commission prosecution of a finance company director

E & E Developments Ltd v Housing New Zealand Ltd (2010) ANZ ConvR 10-046

Summary judgment for defendant on claim for unpaid rent

Body Corporate 172108 v Meader (2010)

Scheme of arrangement under s 48 of the Unit Titles Act 1972 apportioning repair costs on a basis other than unit entitlement

Turners & Growers Ltd v Zespri Group Ltd (2010)

Whether regulations conferring a monopsony on Zespri were ultra vires

Short v Gray (2010)

Claims arising out of dissolution of a law partnership

Motorworld Ltd (in liq) v Turners Auctions Ltd (2010)

Claims against an auctioneer in tort and under the Personal Property Securities Act 1999 dismissed following two-week trial

Phillips v Gould (2009)

Award of indemnity costs against plaintiffs following dismissal of all claims at trial

Radisich v Templeton [2009] 3 NZLR 276

Claim that a barrister owed a duty of care to his client’s adversary struck out

KPMG New Zealand v Gemmell (2009)

Principles relating to split trials of liability and quantum

Falun Dafa Association of New Zealand Inc v Auckland Children’s Christmas Parade Trust [2009] NZAR 122; (2008) 8 HRNZ 680

Whether the organisers of the Auckland Christmas Parade were required to allow a particular group to participate in the parade

Technology Holdings Ltd v IAG New Zealand Ltd (2009) 15 ANZ Ins Cases 77,137

Construction of a business assets insurance policy

Bawden Holdings Ltd v Real Estate Assets Ltd (2008)

Proceedings arising out of the collapse of Bridgecorp

Barber v Cottle (2008)

Negligence claim against a valuer dismissed following two-week trial

Presley v CallPlus Ltd [2008] NZCCLR 37

Principles to be applied in granting leave to shareholders to commence derivative action

Hillary v Corban Revell (2007)

Claim that solicitors owed a duty of care to their client’s adversary dismissed

Atlas Specialty Metals Ltd v KPMG (2007)

Claims against an accounting firm arising out of the installation of a computer system dismissed following two-week trial

Harvestpro Logging Ltd v Cordyline Holdings Ltd (2006)

Claim in conversion by a party having the right to possession of assets under section 109 of the Personal Property Securities Act

Equable Life Resorts Ltd v Monte Vista RVS Ltd (2006)

Construction of an agreement for sale and purchase of a retirement village

R v Porter, Pharo (2005)

‘Helicopter Trust’ Serious Fraud Office prosecution – our client acquitted following a six-week jury trial

R v Connolly (2004) 21 NZTC 844, 18

‘Digi-Tech’ Serious Fraud Office prosecution – our client acquitted following a five-week trial