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Commercial Litigation

Simpson Grierson is recognised as having a leading commercial litigation practice in the New Zealand market. Our commercial litigation department regularly conducts significant and large scale cases in all New Zealand courts.

Our commercial litigators advise on how to resolve disputes without recourse to the courts. This can involve the adoption of alternative dispute resolution procedures such as mediation. We also work with our commercial law specialists, to advise clients as early as possible on risk identification and management.

Our areas of expertise include: company and securities law, competition law including cartel claims, employment law, insurance, intellectual property, media, broadcasting & defamation, product liability, professional negligence.

Examples of our work

  • Defended claims made by the Commerce Commission and the Financial Markets Authority into alleged misleading representation, in relation to the marketing and sale of interest rate swaps to a commercial entity
  • SKY Television - High Court litigation and successful resolution with New Zealand media entities relating to their use of SKY’s sports footage
  • National Storage - successfully defending National Storage in a High Court trial brought by a competitor, National Mini Storage. National Mini Storage was seeking a permanent injunction to restrain National Storage from using its name to market self-storage facilities. The argument was largely focused around the use of the name on the internet (specifically, using Google searches)
  • Solid Energy ‒ a high profile claim by Bank of Tokyo-Mitsubishi UFJ challenging creditor compromises that were implemented by Solid Energy with its banks under Part 14 of the Companies Act 1993
  • OMV New Zealand - defended an appeal from OMV's joint venture partners, concerning the governance of production from Pohokura, New Zealand's largest gas field
  • Rolls-Royce - High Court proceedings involving a $150 million damages claim concerning the Kinleith Co-Generation Plant
  • Westpac Banking Corporation - High Court proceedings challenging the re-assessment by the Commissioner of Inland Revenue of a number of cross-border structured finance transactions entered into during the period 1998-2002. The amount of disputed tax at issue exceeded $800 million
  • New Line/Warner Bros. - an international arbitration, under the supervision of the ICC, defending a claim for damages in excess of $190 million
  • Koppers Arch Wood Protection (NZ) - a case that involved claims of price fixing between Koppers Arch and its competitors Osmose and Nufarm
  • The defendants (including HDI-Gerling as insurer of an insolvent insured in some of the claims) - a range of product liability claims. These claims relate to allegedly faulty capacitors manufactured by HDI-Gerling's insured