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.