Alan Sherlock

Examples of work completed by Alan include:

• Acting for major national insurers on a large number of complex policy claims arising out of the Canterbury Earthquake Sequence.
• Advising directors and officers’ insurers in respect of claims alleging the misleading of investors in public offerings and breach of the anti-cartel provisions of the Commerce Act.
• Advising the insurers of an aquaculture feed producer in respect of a $50m claim alleging that incorrect manufacturing techniques had led to major detriment to production and quality levels at a series of salmon farms.
• Prosecuting a $20m claim for losses incurred by the head contractor for the Spark Arena due to defects in the design.
• Defending a claim that deficiencies in the repair of the stern seal and exhaust system on a luxury 120 foot sailing yacht led to the yacht being unable to reach safe harbour in time and thereby suffering extensive damage from passing through a tropical cyclone.  The claim was settled on advantageous terms part way through a four week trial.
• Enforcing a possessory lien over the sale proceeds of a vessel in priority to the ship’s mortgagee: Babcock Fitzroy Ltd v The Ship “Southern Pasifika” [2012] 2 NZLR 652.
• Gaining a ruling in the High Court that a claim in Admiralty by Hesketh Henry’s shipping agent clients (following the arrest of a vessel) took priority over rights asserted by the South Korean administrator of the ship owner’s parent company under cross border insolvency rules:  Kim and Yu v STX Pan Ocean Co Limited [2014] NZHC845.
• Acting for the owners of a cargo vessel in respect of salvage, general average and hull insurance issues following the vessel grounding on a reef while under guidance by tugs.
• Prosecuting a claim against repairers in respect of the breakage of a connecting rod and consequent disintegration of a super yacht main engine.
• In a large confidential information case, obtaining orders for search and seizure of electronic and paper records at three sites in New Zealand, co-ordinating those steps to take place at the same time as searches in Australia pursuant to parallel proceedings there, and pursuing the subsequent litigation against the defendant parties.