Sample of Cases
A small cross-section of cases are noted. Initials are referred only to protect client confidentiality of cases conducted in New Zealand is as follows:
- Murder - R v D. Gang confrontation - the client was acquitted of murder but convicted of manslaughter (co-counsel).
- R v SRP - Matrimonial setting acquitted of murder, convicted of manslaughter (co-counsel).
- Incest - R v H - Acquitted by a jury.
- Arson - R v P - Acquitted by a jury.
- Rape - R v W - Re-trial after a “hung jury” achieved by another lawyer. Acquitted by a jury on re-trial.
- Arson - burglary - R v BIA - convicted on receiving, possession of house-breaking implements. Acquittal on arson and burglary.
- Fraud using a document relation to ACC and three summary offences - R v R - Acquitted fraud by jury - two summary offences were dismissed (irregularity with search warrants, final summary offence section 106 discharge without conviction - which is equivalent to an acquittal).
- Burglary - R v WPH - Convicted by jury - plea in mitigation - 40 hours of community work. Appealed to the Court of Appeal and the Supreme Court.
- Kidnapping / aggravated robbery and receiving - R v B - Pleaded not guilty by jury committing an aggravated robbery - guilty of receiving.
- Traffic issues - T v P - driving licence suspended - successful section 94 application. Successful appeal against sentence 200 hours of community work reduced to 55 hours.
- Dangerous driving - T v C - refused to accompany (supplied specimen of breath - excess breath alcohol alleged). Refusal to remain and failing to stop. Acquitted on refusal to accompany and refusal to remain. Guilty of dangerous driving - fined $300.00 and failing to stop - fined $550.00. No disqualification because of "special reasons".
A. Land Law
- Vendor/purchaser - K v K - Successful application for a specific performance of agreement for sale and purchase by the vendor.
- E v L - Lease payments - Application for relief against forfeiture.
- H v R - Lease and rental payments.
B. Summary Judgment Applications
- M & S v S - Outstanding payment - successful in obtaining a judgment in the District Court - judgment slightly reduced on appeal to the High Court. Unsuccessful in the Court of Appeal principles of summary judgment.
- CD v D - Invoice payments sought from guarantor - partially successful by demonstrating plaintiff not able to show that there was no defence to at least 90% of the claim.
- L v B - Successful summary judgment application - obtaining liability in a professional negligence claim - quantum subsequently settled by negotiation.
C. Debt Collection
- ALM v H - Acted for the defendant in the District Court successfully defeated plaintiff’s claim using Contractual Mistakes Act 1972.
- H v M - Successful appeal to the High Court from the District Court - judgment had been entered against client who was self-represented initially. Judgment was vacated on appeal and successfully resisted on re-hearing.
- P v E - This was a substantial multi-faceted case which resulted in settlement in favour for client.
- JBH v S - Successful defence for defendant against leave to execute a judgment which was more than 6 years old.
- RH v NN - Issue of mistaken identity - substantial payment - no proceedings issued.
E. Company Law
Numerous winding up applications:
- CDM v ARU - Insolvency / Statutory Demand procedure under scrutiny.
F. Family Law
- S v S - Attempt to set aside contracting out agreement. Successfully resisted.
Family Law, including:
- Matrimonial Property - M v T. Relating to removal of notice of claims lodged under Property (Relationships) Act 1976 and involved status of the Contracting Out Agreement - whether the parties separated before 1 February 2002 (in which case the Act did not apply to de facto couple, successful resolution for client).
G. Estates Litigation
- C et ors v C & P - Family Protection settled
- C et ors v S - Relationship property claim
- T et ors v L - Estate dispute - Family Protection - settled - Proceedings issued
- MG v S - New Zealand Employment Relations Authority - settlement by mediation.
- S v VRB - Majority decision given against client.