Litigation

Recent highlights include acting for:

• Credit Suisse in defending the ongoing $200m class action arising from alleged prospectus misrepresentation in the 2004 Feltex IPO.  
• Westpac, TrustPower, Vector, and Michael Hill in a series of recent leading tax cases at High Court and appellate level.
• Kiwibank, in a test-case dispute with a money remitter arising from Kiwibank's obligations under New Zealand's Anti-Money Laundering and Countering Financing of Terrorism Act.
• Trustpower in its $3.8 billion demerger, and Allnex SA in its recent takeover of NZX and ASX listed Nuplex Industries, both by way of court-approved scheme of arrangement.
• Heart of the City and Auckland Airport investigating significant frauds by officers, including in associated freezing order (Mareva) proceedings.
• Siemens NZ, in a significant breach of confidence claim against General Electric, including in urgent injunction proceedings.
• Several trading banks, assisting with compliance policies and appropriate terms and conditions to address New Zealand's Anti-Money Laundering and Countering Financing of Terrorism Act.
• Samsung NZ in a significant contract dispute in relation to its New Zealand call centres.
• Bath Street Capital in High Court litigation against Pyne Gould Corporation arising out of the sale of Perpetual Trust.
• Vector Limited and Auckland International Airport Limited in their merits review appeals of the Commerce Commission input methodologies for price control and information disclosure.
• Mrs Jean Hubbard, and the late Mr Allan Hubbard, throughout the process of statutory management, including litigation in the High Court.
• Fonterra on a wide range of commercial matters, including significant contract, companies, securities, insurance and regulatory disputes.
• Spark, in a wide range of matters, including commercial, media, competition and regulatory disputes.
• Progressive Enterprises, in a wide range of matters, including commercial, competition and property disputes.
• Ports of Auckland, in a wide range of matters, including commercial and property disputes. 
• Shell NZ in New Zealand's leading insider trading case, arising out of the takeover of Southern Petroleum by Fletcher Challenge.
• Auckland International Airport Ltd in major court proceedings under the Public Works Act 1981.
• PricewaterhouseCoopers in connection with the receivership of one of the Capital + Merchant group companies.
• Several leading retail banks in complex tax litigation relating to structured finance arrangements.

Our experience includes:

• Acting for Credit Suisse in the Feltex litigation, New Zealand’s first securities class action, in which 3000 represented claimants are seeking $200m in damages arising out of a 2004 IPO.
• Acting for Kiwibank in the class action brought by 7000 represented claimants challenging a range of credit card and deposit account banking fees.
• Advising industry bodies and other clients on the strategic and legal implications of proposed class actions.

Our experience includes advising on:

• Developing product recall plans, including for a well-known international electronic goods manufacturer.
• Compliance with regulatory notification requirements for a defective product.
• How to manage corrective action.
• Compliance with regulatory requirements in specific product areas such as food, medical products and motor vehicles.
• Civil claims and negligence.
• Health and safety for staff.
• Insurance implications.

Our team is experienced in:

• Construction and infrastructure arbitrations. We have represented principals, contractors and subcontractors in complex disputes.
• International commercial arbitrations, including under ICC, LCIA and UNCITRAL Rules.
• Several significant arbitrations in the natural gas industry, including between joint venture, parties to gas supply agreements and operational contracts.
• A wide range of lease disputes, such as rent reviews and damages claims. We have represented tenants and lessors, including large property holders and national retailers, in significant and complex rent review arbitrations, including in relation to Auckland's redeveloped waterfront. Additionally, we work closely with and support valuers and other experts.
• Arbitration in relation to the terms of access to infrastructure assets.
• Maritime arbitrations, including ship building disputes.
• Court applications in support of domestic and international arbitration, such as interim measures applications and in applications for review or appeal from arbitral decisions.
• Actions to enforce arbitral awards through the courts.
• Advice to firm clients on drafting dispute resolution clauses in commercial contracts.

Russell McVeagh partner Polly Pope is a fellow of the Arbitrators' and Mediators' Institute of New Zealand and available for appointment as an arbitrator. The firm contributes its expertise to the Arbitration chapter of Sim's Court Practice and to the Australia, New Zealand, and Pacific Islands chapter of International Commercial Arbitration Practice: 21st Century Perspectives.