Expertise

Disputes

Overview
Get the result you want with our specialised litigation and dispute resolution advice and services

Effective dispute resolution happens with less stress, and often with less expense, when you work with a specialist dispute settlement and litigation team. There are only a handful of dedicated dispute teams in New Zealand; Hesketh Henry has one of the best. Many dispute situations are complicated by powerful personal dynamics and emotions, which is why the quality of your legal relationship is of paramount importance.

Within our dispute resolution law team there are experienced litigators for every core area of our dispute resolution services – construction, insurance, property and trusts. Every case begins with understanding what the client wants as an outcome, then working out a practical and time-efficient way of getting to it.

Our toolbox for achieving the ideal result includes every traditional and alternative dispute resolution (ADR) solution – arbitration, mediation, negotiation and, only when absolutely necessary, litigation.

Members of our team don’t shy away from delivering a difficult message. If you’re unlikely to succeed with your dispute action, we’ll tell you. Likewise we will recommend against a dispute settlement if we think a proposed solution is unfavourable.

Need advice on Disputes?
Contact the expert team at Hesketh Henry.
Examples

Examples of work completed by our team include:

  • Representing manufacturers and suppliers of engineered wood products in various Commerce Commission investigations and associated claims;
  • Advising the international distributors of medical products in connection with the non-performance of a long term distribution agreement and breach of IP rights, including proceedings in the NZ High Court;
  • Representing a structural engineering firm at the Canterbury Earthquakes Royal Commission of Inquiry into the collapse of the CTV building (Tom Weston QC leading). This was a very high profile matter that was closely followed by the media and bereaved families;
  • Representing and international engineering consultancy at the Government Inquiry into Havelock North Drinking-water (lead counsel). This inquiry followed a campylobacter outbreak in 2016.  More than 5,000 people were infected, with three confirmed deaths;
  • Management of various product recalls and consequential claims against suppliers and their insurers.  Includes claims brought by Nutricia Ltd following contamination of a discontinued line of infant food products, and claims by a prominent wholesaler or baked foods following a recall of contaminated Product;
  • Management of Commerce Commission investigations relating to product marketing and alleged non-compliance with Australia and NZ Standards;
  • Savvy Vineyards 3552 Ltd v Kakara Estate Ltd [2015] 1 NZLR 281 (SC).  Successful enforcement of a long-term supply contract in the Supreme Court (David Jones QC leading).  This case is now the prinicipal NZ authority on the assisggnment and novation of contracts.;
  • Savvy Vineyrrds 3784 Ltd v Arck Ltd [2015] NZCA 534.  Successful enforcement of an option in a supply contract in the Court of Appeal (sole counsel);
  • I-Health Ltd v iSoft NZ Ltd [2012] 1 NZLR 379 (CA).  Successful enforcement of a limitation provision capping damages in a multi-million dollar contract dispute in the High Court (Alan Galbraith QC leading) and in the Court of Appeal (sole counsel);
  • Watts & Hughes Construction Ltd v Completed Siteworks Co Ltd [2014] 22 PRNZ 397 (CA). Successful enforcement of a subcontractor payment claim in the Court of Appeal (lead counsel).  This claim attracted significant media attention, following the partial destruction of a car park on Campbell Live, which needed to be appropriately managed;
  • Acting for health care providers in investigations by the Health and Disability Commissioner and coronial inquiries; and
  • Representing health care providers and manufacturers in claims for defective medical devices.
Key Contacts
Media
Publications
Events

Insights & Opinion / Disputes

Tower Troubles – Body Corporate 366567 (Harbour Oaks) v Auckland Council
Standing 40 storeys tall with 406 units, the Gore Street building in downtown Auckland (formerly known as “Harbour Oaks”) is presently the subject of New Zealand’s largest claim for residential ...
18.04.2024 Posted in Construction & Disputes
BCC Trade Credit v Thera Agri Capital: Policyholder Successful Against Credit Insurer in Australian Court of Appeal Decision
When applying for trade credit insurance, a prospective insured will typically provide information on the financing arrangements that will form the basis of cover. Where there is deviation from these ...
05.03.2024 Posted in Insurance & Trade and Transport
Gloriavale and BNZ – where is the line on the right of accessibility to services?
Whether accessibility to banking services is a fundamental right is an issue that is currently before the High Court in the dispute between Bank of New Zealand (BNZ) and the Christian Church Community...
07.12.2023 Posted in Insurance
Properly sequencing your Construction Adjudications: Henry Construction Projects Ltd v Alu-Fix (UK) Ltd
According to the UK’s Technology and Construction Court (TCC) (in Henry Construction Projects Ltd v Alu-Fix (UK) Ltd [2023] EWHC 2010) valid payment claims must be paid before the underlying merits ...
30.10.2023 Posted in Construction & Disputes
Contractor’s Dilemma: Recovering debts from a Principal in liquidation
A party must meet a high bar before the High Court will modify or reverse a liquidator’s decision, or consent to a party commencing adjudication (or other legal proceedings) against a company in liq...
How to load a magic bullet: Legal considerations to facilitate BIM (Building Information Modelling)
Building Information Modelling, or “BIM”, is potentially transformational for the New Zealand building and construction sector.  It has been credited with the potential to spark a “step-change...
15.09.2023 Posted in Construction & Disputes
Construction Framework Wide BW
Disruption claims: Are your project records up to date?
Disruption can be hard to pinpoint.  It is one of those features that you know when you see it and most parties have likely felt it on a construction project.  However, being able to make a claim fo...
14.09.2023 Posted in Construction & Disputes
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