Subrogated Recoveries

• Successfully acted for an insurer and 70 of its customers in a High Court proceeding seeking over $15 million damages for property damage suffered from the major Port Hills fires in Christchurch in February 2017. A settlement was reached with Orion New Zealand Ltd during trial and the case then proceeded against the Christchurch Adventure Park alone. On 31 March 2021, the High Court issued judgment in favour of the 70 plaintiffs against the Christchurch Adventure Park for over $12 million. The judgment was upheld in full by the Court of Appeal on 31 March 2023 – Leisure Investments NZ Limited Partnership v Cecile Grace & Ors [2023] NZCA 89. Subsequently advised the insurer in relation to the Port Hills fire of 2024.
• Lake Ōhau recovery action on behalf of eight insurers and their 117 customers against Network Waitaki Ltd for losses circa $53million (insured and uninsured) arising from New Zealand’s largest urban fire – Wakefield & Ors v Network Waitaki Limited.
• Serene heater recovery claim on behalf of an insurer against Serene Industries Ltd and suppliers arising out of 17 serene bathroom heater fires causing approximately $1million in losses. The claim involves complex origin and cause analysis and extra territorial jurisdictional issues.
• Assisting insurers on a number of large fire related recovery claims, including on a recent recovery arising from a fire likely caused by junior electric dirt bikes that has destroyed high specification dwellings on Waiheke Island, Auckland. Losses are circa $10million.

Arson and Fraud

• Advising and acting for insurers on large number of arson and other fraudulent claims. These claims include analysing complex origin and cause evidence, detailed factual investigation and assessment as well as addressing complaints that arise from declined claims.

Natural Disasters

• Acting for insurers on a large number of earthquake litigated claims and defective earthquake repair claims often involving multiple construction parties. The defective repair claims were novel cases on whether an insurer is liable for defective work completed by builders and subcontractors under a managed repair scheme and involved ‘test’ litigation through to the Court of Appeal. Charles is managing several of these matters in the High Courts of New Zealand.
• Advising an insurer on portfolio-wide issues arising out of the Nelson Floods of August 2022, including recovery claims against local authorities and neighbouring landowners.

Coronial Inquest

• Acting for Hato Hone St John New Zealand on the coronial inquest into the 22 fatalities arising from the Whakaari White Island tragedy of 9 December 2019. The inquest involves over 30 interested parties, as well as families of those who died and survivors, and is set down for a hearing in excess of 12-weeks.