Security Enforcement & Finance Litigation
Market forces and other factors can impact the ability of a business to remain viable. When trade is no longer possible, it is necessary to seek specialist advice to gain the best possible outcome.
Our resources, legal expertise, and efficiency have made us the preferred enforcement firm for many of the country's largest institutions. What differentiates us from our competitors is our size, strength and capability.
Our expertise spans the entire range of recovery and liquidity situations. We advise on debt recovery, security enforcement, corporate rescue, receivership, insolvency, and banking and finance litigation.
Our clients include the major banks, leading finance companies, large corporates, and regulatory agencies.
Contentious debt and security disputes are handled by our specialist banking and finance litigators, who are leading experts in this area. We have appeared in court on several of the most significant banking and finance cases in recent years.
Priority of registered mortgage over right of occupation granted under Property (Relationships) Act (ASB Bank v SM - High Court, Court of Appeal, and Supreme Court).
Scope of bank's duty of disclosure to a borrower or guarantor (Westpac New Zealand v Colley - High Court and Court of Appeal).
Scope of liability under guarantee, and assessment of indemnity costs against guarantor (Black v ASB Bank - High Court and Court of Appeal).
Indefeasibility of forged mortgages and loan agreements (Westpac New Zealand v Clark - High Court, Court of Appeal, and Supreme Court).
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).
Liability of a guarantor alleging undue influence (UDC Finance v Down - Court of Appeal).
As receivers of Strategic Nominees - interpretation of intercreditor deed (Strategic Nominees (in rec) v BOS International (Australia) - High Court and Court of Appeal).
Priority of liens and other security interests (Toll Logistics (NZ) v McKay - High Court and Court of Appeal).
Recovery of assets from sham trusts and sham companies (OA v Sanctuary Propvest - High Court).
Enforcement of mortgages granted by participants in buy-back transactions (Burmeister v O'Brien - High Court).
As receivers of Strategic Finance - extent of Inland Revenue's entitlements as preferential creditor (Burns v CIR - High Court).