My research list

Loading My Research List ...

Save my research

Don't lose any of your research. Fill out the form below and have your research list emailed to you.

Partner

Ben Upton

BA LLB

Auckland

P+64 9 977 5207

M+64 21 538 847

Ben Upton

Ben is a partner and specialist litigator in the banking and finance department. He has extensive experience in complex commercial, banking, and insolvency disputes.

Ben advises on all aspects of banking, finance, and insolvency litigation, including liquidations and receiverships. He regularly appears as counsel in the New Zealand courts at all levels. He has acted as counsel in numerous mediations, arbitrations, and adjudications. He has expertise in Cook Islands litigation.

  • Chambers Asia-Pacific General Business Law - Pacific Islands 2020 - Leading Lawyer
  • Asia Pacific Legal 500 Restructuring & Insolvency 2016 - Recommended Lawyer

Examples of Work

  • GE - litigation on the enforceability of mortgages granted to GE by borrowers who used the loans to invest in a failed investment scheme (Bartle v GE Custodians - High Court, Court of Appeal, and Supreme Court)
  • Toll Group - complex lien dispute (McKay v Toll Logistics (NZ) - High Court and Court of Appeal), and dispute with Ontrack about track access charges
  • Bank of New Zealand (BNZ) - several high-profile matters, including the Equiticorp and Winebox cases
  • Westpac, ANZ, ASB Bank, and GE Money - enforcement of real property and chattel mortgages and guarantees, and applications to liquidate and bankrupt
  • Enforcement of judgments granted in New Zealand and overseas
  • Hong Kong fishing company - unjust enrichment claim in the Cook Islands
  • Cook Islands international trust and company litigation
  • Fijian resort developers - enforcement of sale contracts in New Zealand and Fiji, and arbitration concerning property disputes
  • Successful outcomes at trial for New Zealand and foreign businesses
  • Numerous injunctions, freezing orders, and other urgent court relief

Other Credentials

  • Admitted as solicitor and solicitor advocate, England and Wales
  • Registered as foreign qualified lawyer, Hong Kong
  • Admitted as barrister, Cook Islands
  • INSOL - Member
  • BFSLA - Member