Ben Upton
Ben is a vastly experienced litigator with expertise in commercial, banking, insolvency, trust and property disputes. He is also sought after to advise on work in various Pacific Island jurisdictions.
He regularly appears as counsel in courts at all levels, arbitrations and tribunals. He has advised in numerous mediations and negotiations in a wide variety of contentious matters, ranging from the large and complex to the nuanced and discrete.
He has a strong interest in promoting social equity and advises on a pro-bono basis in the area of contractor law reform.
- Asia Pacific Legal 500 - Restructuring & Insolvency 2022 - Next Generation Partner
- Chambers Global and Asia-Pacific 2022 - Expertise in Pacific Islands for Dispute Resolution and General Business Law: A 'deep thinker' and 'a very solid operator'
- Chambers Asia-Pacific 2021 - Dispute Resolution - Notable Practitioner
- Counsel in leading / reported cases on important areas of law and practice: GE v Bartle; Toll Logistics v McKay; Gardiner v Westpac; Lange v Atkinson
Examples of Recent Cases and Work
- Fullerton v Arowana International - dismissal of a Summary Judgment application in a class action claim
- Rumours of Romance v Kauvai, CA Cook Islands – reversal of a cancellation of lease for a high-end resort
- Zhang v Westpac – dismissal of Supreme Court leave to appeal petitions
- Complaints Assessment Committee 1904 v Bright – Amicus appointment on a disciplinary tribunal appeal
- Hennah v Registrar of Companies – dismissal of a company reinstatement application
- Mills v ASB Bank – appeal on a credit contracts dispute
- Ivanishvilli v Credit Suisse AG & Anr – jurisdiction dispute
Other Credentials
- Admitted as barrister, Cook Islands
- Admitted as solicitor and solicitor advocate, England and Wales
- Registered as foreign qualified lawyer, Hong Kong
- INSOL - Member
- RITANZ - Member
- BFSLA - Member