Valuers  

• Acted for valuers on civil and disciplinary claims.  Has defended claims in relation to under/over valuation of residential, commercial, industrial, future urban and rural property, and property management, land development, compensation valuations following natural disasters, acquisitions under the Public Works Act, insurance valuations, houses under construction, breaches of the IVS and Code of Ethics.
• New Zealand Institute of Valuers v [registered valuer – redacted] 29 August 2022 – valuer charged with grossly undervaluing a future urban zoned property and breaching IVS 101, 103 and 104.  All charges dismissed at disciplinary hearing.
• New Zealand Institute of Valuers v X & Y 24 June 2021 – ten charges laid against two valuers alleging breach of fiduciary duties, conflict of interest and breach of IVS 101.  Four charges struck out before the hearing, four struck out at the hearing and two upheld.
• Valuer-General v AV – 4 July 2018 – valuer charged with grossly undervaluing a property and breaching IVS 101 and 103.  All charges struck out.

Accountants

• Regularly acts for accountants and auditors in relation to disciplinary complaints before NZICA/CAANZ, CPA Australia and ATAINZ.
• Regularly acts for accountants and auditor in relation to civil claims.  He has defended claims in relation to international tax and trusts, trustee liability, tax advice, including tax avoidance schemes, audits, breaches of shareholder continuity, loss of imputation credits, R&D tax credits and loss of tax losses, valuation of businesses, insolvency and advisory services.

Financial Advisers / Financial Institutions

• Acted for a large international insurance broker on a $36 million claim arising out of the placement of material damage and business interruption cover for a waste recycling plant.
• Has provided risk management advice to insurance brokers in relation to large infrastructure and offshore and onshore energy projects, including green energy.
• Acted for insurance brokers in relation to claims arising out of the placement of reinsurance, retrocession and other alternative products.
• Acted a large financial institution in relation to numerous civil and regulatory claims arising out of mis-selling.
• Regularly acts for investment advisers with both DIMS and non-DIMs licenses in respect of claims relating to suitability of advice, portfolio management and rebalancing, investment selection, risk profiles, fees as well as reviews, investigations and enforcement action by the Financial Markets Authority.

Lawyers – Solicitors and Barristers

• Acts for solicitors and barristers on civil and disciplinary matters. Has defended claims in respect of tax issues on the sale of property and businesses, conveyancing, asset planning, estates, trustee liability, and conduct of litigation.
• LCRO 091/2019 – complaint that two lawyers in the same firm acted in a conflict of interest.  Complaint dismissed.
• Successfully defended a barrister sole in relation to a disciplinary claim following a complaint by the judiciary relating to the conduct of the litigation.

Construction and Land Development Professionals

• The Bianco Apartments [2023 NZHC 3034] – defended services and hydraulic engineer.
• Acted for an Engineer to the Contract and project manager in relation to a $40m claim in respect of a high-rise hotel/apartment block in Mt Maunganui.
• Acting for an architect on a $30m claim relating to the construction of a build to rent multi-unit residential housing development.
• Regularly acts for surveyors and other land development professionals.  Has defended claims relating to building and boundary set-out, topographical plans, resource consents, planning advice, administration of civil and earthworks contracts, civil design and datum and height issues.

Arbitration

• Acted for excess insurers on a blended E&O/D&O programme relating to their exposure to claims (US$90 million) arising out of the Spitzer broker compensation / anti-trust litigation in the United States.
• Acted for excess insurers on an E&O programme relating to their exposure to a US$50 claim arising out of class action relating to the Fair Credit Reporting Act in the United States.
• Acted for excess insurers in relation to US$15m claim relating to alleged anti-competitive practices arising out of a vehicle repair network.
• Acted for a reinsurer in relation to claim made on a stop-loss reinsurance contract relating to (very) late notified losses by a Canadian insurer.