Reported and other recent cases
Reported and other significant cases in which Chris has appeared as Counsel include:
Zeng v Cai & Li [2016] NZHC 503, (23/3/2016, Auckland, Toogood J) - Counsel for successful plaintiff respondent opposing an application for judicial review of particular discovery and costs judgments of Bell AJ
Zeng v Cai & Li (2015) (Auckland Registry, High Court - CIV 2014-404-2012) - Counsel for successful plaintiff in application for particular discovery and costs orders in complex tracing claim involving causes of action in resulting trusts, constructive trust, breach of fiduciary duty, breach of contract, deceit and unjust enrichment.
TigerTurf NZ Ltd & Anor v Super Turf Ltd & Ors (2014) (Auckland Registry, High Court - CIV 2014-404-2611) - Counsel for successful plaintiffs' application for permanent injunctions in an intellecutal property case against trade competitors under the Copyright Act 1994, Trade Marks Act 2002, and the Fair Trading Act 1986.
Corbett v Patterson & Western [2014] 3 NZLR 318 (CA) - Acting for successful respondents on substantive appeal hearing as to the imposition by the Court of the appointment of a litigation guardian for an opposing party in litigation. Appeal by plaintiff dismissed.
He v Huang [2013] NZHC 2665, CIV 2013-404-001576 - Successful application to disqualify plainitff's solicitor from further acting in the proceeding on account of conflict of interest and other issues.
Buller District Council v Fin Sport Consultants Ltd & Ors (Greymouth High Court - CIV 2012-418-140) - Counsel for third defendant in multi-party proceeding involving claims in contract and negligence concerning design and construction of artifical turf hockey field. Proceeding settled in 2014 before trial.
Westpac New Zealand Ltd v Adams & Ors (Christchurch High Court, CIV 2011-409-412) - Counsel for the Adams in long running multi-party litigation concerning claims in relation to personal guarantees, alleged breaches of fiduciary duty, alleged professional negligence by solicitor, alleged breach of receivers' statutory duties, and alleged breaches of the Fair Trading Act 1986. Proceeding settled in 2014 shortly before trial.
Gravatt v Coroner's Court at Auckland & Auckland District Health Board [2013] NZHC 390, CIV 2012-404-001684- Important leading case on name suppression, privacy and related issues - Counsel for plaintiff in successful judicial review proceeding quashing a name suppression order made by the Coroner suppressing publication of names of health practitioners who cared for a patient with Meningococcal disease who died.
Cole v Xiang & Ors [2013] NZWHT Auckland 8 (20 March 2013) - Counsel for successful claimants in Weathertight Homes Tribunal final determination following remission back by High Court on appeal for Tribunal to determine quantum of damages against concurrent tortfeasors - final determination as to joint and several liability for whole of the loss less the amount of settlement sum paid by other parties to claim.
Cole v Xiang & Ors [2012] NZHC 3146 (23 November 2012) - Counsel for appellants in successful appeal from Weathertight Homes Tribunal final determination in a leaky building case as to the legal principles to be applied to judgment on liability and quantum being entered against parties who do not appear at trial and do not defend the claims made against them. The appeal judgment is also significant due to its consideration of Fair Trading Act 1986 claims relating to a Code Compliance Certificate and representations by a real estate agent as to the import of an issued Code Compliance Certificate and issues as to causation of loss suffered by purchasers of leaky dwelling.
Waipipi School Baord of Trustees v Xtremebuild Ltd (in liq) (HC Auckland, CIV 2010-404-4878 and 7132, June 2011) Successful application to set aside statutory demand and for stay or proceedings and for costs against defendant on a building defects, debt recovery, breach of contract and breach of duty claims.
Corbett v Patterson & Western [2011] NZCA 649 - Acting for respondents on successful opposition to application to further evidence on appeal.
Corbett v Patterson & Western [2010] NZCA 369 - Acting for respondents on successful opposition to application for recall of judgment.
Corbett v Patterson & Western [2010] NZCA 270 - Acting for respondents on successful opposition to application to appeal out of time.
Holden v Nicholson & Ors (HC, Auckland, CIV 2009-404-3668, 17 March 2010) - Counsel for successful applicants on application to strike out claim in Family Protection Act and paternity declaration proceeding and successful opposition to application to join putative siblings to proceeding.
Fardell v Coroner's Court at North Shore [2007] NZAR 122 (HC) CIV 2006-404-3638 - Important and leading case on prohibiting publication of evidence adduced at a Coronial Inquest - Counsel for successful plaintiff in judicial review proceeding quashing an order of the Coroner permitting publication of information in issue.
Rea & Leonard & Anor v Russell & Anor (HC Auckland, CIV-2004-404-7138, 24 April 2007) - Acting for plaintiffs in reckless trading claim against directors. Successful application by plaintiffs for further and better particulars of defence and unsuccessful application for particular discovery.
Sintel-Com Ltd (in liq) v Telecom New Zealand Ltd [2007] NZCA 499 - successful defence of appeal against dismissal of application to strike out claim. Leading judgment on assignment of choses in action, the effect of assignment of a debenture over a company as part of a settlement and equitable principles applying in circumstances where settlement agreement later sought to be set aside on the basis of alleged misrepresentations.
Sintel-Com Ltd (in liq) v Telecom New Zealand Ltd (2006) 9 NZCLC 264,040 - Leading High Court judgment in strike out application context on issues arising under legally and equitably assigned debentures and choses in action, and rights of liquidators and receivers.
McLachlan & Ors v MEL & Ors (HC Auckland, CIV 1998-404-253, 22 September 2006) - Acting for plaintiffs in complex commercial litigation concerning electricity joint venture. Successful opposition by plaintiffs to application by first defendant for particular discovery.
Fifer Residential Ltd v Gieseg & Ors; Fifer Residential Ltd v Kline & Anor(2005) 6 NZCPR 306 - High Court action concerning statutory interpretation of Unit Titles Act 1972, waiver of rights, and contractual issues relating to a proposed further development of a residential apartment building.
Luporini v McDrury [2000] 1 NZLR 652; (2000) 4 NZConv C 193,154; (1999) 9 TCLR 278 (NZCA) - Judgment of Court of Appeal on re-entry and forfeiture of a lease and breach of lease of farm land, acceptance of rent and the doctrine of waiver.
Ferrymead Tavern Ltd & Ors v Christchurch Press Co Ltd [1999] NZAR 529;(1999) 13 PRNZ 616 - Leading High Court case on defendant's summary judgment procedure and on statutory privilege in defamation.
Researched Medicines Industry Association of New Zealand & Anor v Pharmaceutical Management Agency Ltd & Anor (1998) 3 NZLR 12; (1998) 8 TCLR 320 (CA) Judgment of the Court of Appeal on an appeal from adverse finding on preliminary issue. Statutory interpretation of the scope of an exemption contained the Finance Act 1994 in favour of Pharmac in context of competition law claim.
