Buddle Findlay’s litigation and dispute resolution team has substantial experience in resolving complex and significant commercial disputes, and includes some of the pre-eminent commercial litigators in New Zealand
Getting the right result
Buddle Findlay is a major force in dispute resolution and litigation in New Zealand. Our approach is to manage disputes in a commercial and cost-effective way to achieve the client’s objectives. This includes exploring settlement options and other dispute resolution methods when appropriate. A good understanding of our clients’ business and commercial needs is fundamental to delivering value to the client in this area.
Acting predominantly in the High Court, Court of Appeal and specialist tribunals and commissions, members of our dispute resolution/litigation team have also appeared in the Privy Council, Supreme Court and in the District, Employment and Environment Courts.
Clients and services
Our firm’s practice covers the full range of commercial disputes and we assist clients in many areas, including:
- Company receiverships and liquidations
- Contractual disputes
- Intellectual property disputes including patent, copyright, trademark and passing off actions
- Commerce Act and competition matters
- Judicial reviews and appeals against decision-makers
- Pension and superannuation fund issues
- Insurance litigation
- Liability of corporate trustees, directors and auditors
- Partnership disputes
- Construction disputes
- Arbitrations, including international arbitrations
- Telecommunication disputes
- Maritime disputes including seizure of vessels
- Broadcasting Standards Authority proceedings
- Tax and trust litigation
- Energy and electricity sector disputes
- Commercial property disputes
- Advising and working with overseas firms and clients.
Benefits of working with us
We believe that we have the skills and experience to deliver effective results for our clients:
- We have outstanding specialist expertise in the dispute resolution and litigation area
- We tailor our work to suit the subject matter and our clients’ needs, whether it be a stream-lined approach for debt collection matters or comprehensive services in large and complex litigation
- We use up-to-date litigation support software and resources to manage e-discovery efficiently and to maximise the benefits of that technology at trial
- As a major national law firm, we manage disputes throughout the country and we also have significant experience in cross-border disputes
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We ensure that our advice to our clients is timely, relevant, practical, accessible and useable.
Recent work
- Acting for the Electricity Authority in three appeals against its decision that an "undesirable trading situation" (UTS) arose on 26 March 2011 and that remedial steps should be taken to correct that UTS (concerning the spot price of electricity for a 7 hour period that day)
- Acting for Zespri Group and Zespri International in successfully defending claims brought by Turners & Growers challenging the legality of the statutory single desk regime for kiwifruit exports and alleging breaches of the Commerce Act (Turners & Growers Ltd v Zespri Group Ltd HC Auckland, CIV-2009-404-4392, 13 August 2010 and 12 August 2011)
- Acted for the Electricity Commission to successfully defend a claim for judicial review of its decision to approve the North Island Grid Upgrade (New Era Energy Incorporated v The Electricity Commission & Anor [2010] NZRMA 63)
- Acted for Wellington International Airport in a judicial review about its setting of landing charges. Successfully struck out the claims in High Court and upheld in the Court of Appeal: Air New Zealand Limited & Ors v Wellington International Airport Limited [2008] 3 NZLR 87 (HC) and [2009] NZAR 138 (HC), [2009] NZAR 138, [2009] NZCCLR 15 (CA)
- Acting for Contact Energy in ongoing litigation over its acquisition of Poihipi power station and associated land (HC Auckland, CIV-2007-404-2796, 22 December 2009, Allan J)
- Acted for parties in Commerce Commission and retailer proceedings concerning credit card interchange fees
- Acting for directors in defending Securities Act claim
- Acting for an international airline in Commerce Commission proceedings alleging an air cargo cartel
- Acting on leaky building claims involving complex evidential and multi-party issues pertaining to the Building Act
- Acting in an arbitration for a Crown tenant in setting rental for its CBD premises