Security Enforcement & Finance Litigation
We have one of the largest security enforcement groups in New Zealand. Our resources, legal expertise, and efficiency have made us the preferred enforcement firm for many of the country's largest financial institutions, including major banks.
Contentious debt and security disputes are handled by our specialist banking and finance litigators, who are leading experts in this area. We act for the major banks, leading finance companies, large corporates, and regulatory agencies. We have appeared in some of the most significant banking and finance cases in recent years.
- Westpac - indefeasibility of forged mortgages and loan agreements (Westpac New Zealand v Clark - High Court, Court of Appeal, and Supreme Court)
- GE Custodians - enforceability of mortgages granted to GE by borrowers who used the loans to invest in a Blue Chip scheme (Bartle v GE Custodians - High Court, Court of Appeal, and Supreme Court)
- UDC Finance - liability of a guarantor alleging undue influence (UDC Finance v Down - Court of Appeal)
- Official Assignee - recovery of assets from sham trusts and sham companies (OA v Sanctuary Propvest - High Court)
- ASB Bank - enforcement of mortgages granted by participants in buy-back transactions (Burmeister v O'Brien - High Court)
- Toll Group - priority of liens and other security interests (Toll Logistics (NZ) v McKay - High Court and Court of Appeal)
- PricewaterhouseCoopers, as receivers of Strategic Finance - extent of Inland Revenue's entitlements as preferential creditor (Burns v CIR - High Court)