Areas of Practice
- Commercial and civil disputes
- Insolvency (advising and acting for liquidators, receivers, directors and creditors)
- Insurance advice and representation
- Director liability cases
- Company and shareholder actions
- Negligence and Fair Trading Act claims
- Mediation and Arbitration
- Fiduciary duty and Restraint of Trade
- Tribunal and disciplinary work
- Intellectual Property litigation
- Debt recovery and enforcement
- Construction contracts and leaky home cases
- Health and Safety
- New Zealand Law Society — past member of Wellington Courts Committee
- RITANZ member
- NZ Insurance Law Association member
- Presenter of national seminars for Wellington District Law Society, NZ Insurance Law Conference, INSOL and Lexis Nexis
Kevin has been in practice as a litigation lawyer in New Zealand since 1993, with 2 years practice in London. Kevin helped establish Port Nicholson Chambers in 2009 after spending 9 years in the Wellington office of a leading Australasian law firm.
Kevin has experience in a wide range of complex commercial cases; including company litigation, Christchurch earthquake insurance disputes, liquidators and receiver actions, finance company litigation, property and estate litigation and professional negligence claims.
Kevin acts for a wide range of clients including listed companies, government departments, SMEs and individuals. He also acts for a number of leading insolvency practitioners. Kevin appears in all Courts in New Zealand including appellate work in the Court of Appeal and Supreme Court. He also appears in disciplinary tribunals, including as a prosecutor.
RECENT AND NOTABLE CASES
- Lead counsel and then junior counsel in Christchurch earthquake insurance decisions which succeeded against the insurer including in the Supreme Court — see Skyward Aviation v Tower, and Tower v Skyward Aviation.
- Counsel in 11 day High Court trial in which a claim for set-off against a large debt succeeded — Watson v Whitehead.
- Counsel for the liquidator of Property Ventures Ltd and related companies in numerous decisions including Walker v Gibbston Water Services Ltd — affirming the right of liquidators to avoid transactions under section 141 of the Companies Act; Walker v Castlereagh Properties Ltd — as to the rights for which a stay of liquidation proceedings would be granted; Gibbston Downs Wines Ltd v Property Ventures Ltd (in Rec and Liq) — confirming the rights of liquidators to collect debts which are subject to security; Henderson v Riach — confirming the right of the liquidator to access documents and SOL Management Ltd v RFD Finance Ltd — as to the use of the statutory demand procedure to collect monies paid through a liquidated company to another entity.
- Co-counsel in leading and well publicised Christchurch earthquake case — O’Loughlin v Tower
- Counsel in successful Court of Appeal decision on right to challenge appointment of liquidator by related parties — Grant v CP Asset Management
- Counsel in LDC Finance Ltd (in liq) v Miller — obtaining the right to bring a representative action.
- Counsel in leading decision on directors of phoenix companies seeking permission to remain director or manager — Groves v TSSN Ltd (in liq) and Chandra v Shephard
- Counsel in successful High Court trial - Zhao v Huang - in which Ms Huang ordered to pay back money and engagement ring under Domestic Actions Act.
- Successful injunctions to protect clients property and interests — Flax Group Design Ltd v Chow, W&S Ltd v Daniell, Shephard v Kilbirnie Plymouth Investments Ltd
- Successful striking out of negligence claim of Auckland City Council against manufacturer of seating — ACC v Effuzi
- Counsel for liquidators in successful voidable preference claim for over $2M — Shephard v Kilbirnie Plymouth Investments
- Counsel in Managh v Morrison and Official Assignee v Pavan — setting aside assignment and security
- Counsel in successful defence claims based on equitable set off — Easy Energy Ltd v Jump NZ Ltd, Manukamed Investors v Salem Honey
- Counsel in successful pooling order of 21 companies — Shephard v Carm Holdings Ltd
- Counsel in Vance v Lamb — Claim by liquidators against director of company and solicitor