Commercial and Civil Litigation

We can assist with a wide range of Commercial Law and Civil Litigation matters including:

• Civil Claims
• Administrative Law Proceedings
• Debt Collections
• Summary Judgment
• Company Receiverships and Liquidations
• Contractual Disputes
• Injunctions
• Insurance Law Disputes
• Harassment Act applications
• Weathertight/Leaky homes and leaky buildings

Our litigators regularly appear in the High Court and District Court. We also have experience in Tribunals, Arbitration, Mediations and the Court of Appeal.

CIVIL CLAIMS

We can advise on all aspects of civil claims in terms of the available dispute resolution processes, including utilisation of Court or alternative dispute resolution procedures to resolve disputes and achieve outcomes for clients including arbitration and mediation. Our focus is on achieving our client's objectives, minimising the risks and costs at the outset of a dispute through to contested litigation

ADMINISTRATIVE LAW PROCEEDINGS

Government and Statutory bodies decisions have direct and indirect impact on client's interests. There can be far reaching consequences, and we are able to assist in negotiations and litigation options to ensure our client's interests are preserved. We have experience in Judicial Review proceedings challenging decisions of Government bodies.

In particular we can assist with:

• ACC Reviews or negotiations with Government departments
• Liquor licence applications, renewals and Liquor Licensing Authority defended hearings

DEBT COLLECTIONS

We are able to utilise the full range of remedies when our clients are owed money. Examples of remedies include, making statutory demands, enforcement measures in the District or High Courts, including examining a debtor as to their ability to pay, Charging Orders on property the debtor may own, liquidation and bankruptcy procedures where suitable.

SUMMARY JUDGMENT

This procedure enables a claimant to bring proceedings in a certain form to enable a speedy resolution to a claim where the opposite party cannot demonstrate an arguable defence. We have considerable experience on the procedural and legal principles of bringing or defending such proceedings.

COMPANY RECEIVERSHIPS & LIQUIDATIONS

We can advise on our client's best options when issues arise concerning company issues either when our client is a company, a director or shareholder, or if our client is a creditor/debtor of the company.

CONTRACTUAL DISPUTES

We have expertise in advising at all stages of disputes involving contracts. This includes advice on rights and remedies through to litigation in the Courts involving interpretation, cancellation, and damages issues, resulting from contract disputes.

INJUNCTIONS

We are experienced at obtaining and opposing injunctions being granted by the Court to avoid situations where delay will damage our client's interests. We are experienced in the procedures and legal principles to obtain or oppose injunctions where appropriate.

INSURANCE LAW DISPUTES

We understand the frustrations and difficulties that sometimes arise in dealing with insurance companies. We are experienced in dealing with the types of disputes that arise, and can advise on interpretation of insurance contracts, as well as conduct litigation in Court when necessary.

HARASSMENT ACT APPLICATIONS

The Harassment Act is designed to protect victims from a pattern of behaviour that is directed towards them by another person.  To be classified as a “pattern of behaviour” it must happen on at least two separate occasions within a period of 12 months and must be a “specified act” as defined in the legislation. 

A “specified act” includes the following:

• Watching, loitering, preventing or hindering access to that person’s place of residence, business, employment or any other place that the person frequents for any purpose.
• Following, stopping or accosting that person.
• Entering, or interfering with, property in that person’s possession.
• Making contact with that person.
• Giving offensive material to that person, or leaving it where it will be found, given to or brought to the attention of that person. 

We can assist you with making an application for a restraining order, or defending an application for a restraining order if you have been served with such an application. 

WEATHERTIGHT/LEAKY HOMES AND LEAKY BUILDINGS

The problems associated with leaky homes have been well publicised in the news media over the years and have resulted in homeowners facing significant expense in undertaking remedial work.  In some cases, the extent of the problem has been such that complete demolition of the dwelling was required.  As a result, claims have been made against builders, building certifiers, architects, developers and local authorities.  The extent of the problems was such that the specialist Weathertight Homes Tribunal was established and, more recently, a financial assistance package has been made available for some owners of dwellings affected by the problem. 

We are experienced in dealing with issues associated with leaky homes ranging from advising prospective purchasers of buildings suspected to be affected by weathertightness issues to acting for home owners and other parties involved in both mediation and adjudication proceedings in the Weathertight Homes Tribunal and in the High Court.  We are also able to advise homeowners contemplating taking up the offer of financial assistance that has recently become available.