Property litigation can cover a wide range of issues, requiring expertise across many aspects of the law. We are experts in conducting property-related litigation efficiently and effectively to save you time and money.
We will identify your commercial interests and work with you to devise the best strategy for resolving your property dispute efficiently while achieving your objectives. Options outside formal litigation can include interlocutory applications and alternative dispute resolution.
Our lawyers work with established experts in the property industry to provide a seamless service. These include valuers who can assist with valuation and rent review disputes.
We will provide you with estimates for each stage of the litigation or dispute resolution process and discuss any variation with you.
Whanganui District Council
We advised the Whanganui District Council on the arbitration process in a dispute under the lease for the City’s port. This included preparing pleadings, undertaking the discovery process, preparing the statement of defence in related High Court proceedings, and briefing expert valuation evidence. We appeared as counsel in mediations and preliminary matters in arbitration and High Court proceedings. The outcome was a confidential settlement, reached at an early stage in this high-profile dispute.
High Country Accord Trust
We represented the High Country Accord Trust, defending proceedings brought by the NZ Fish and Game Council. The Council was seeking declarations that statutory pastoral leases did not provide rights of exclusive possession. The declarations were successfully opposed, avoiding the possibility of unfettered public access across pastoral leasehold land.
Hong Kong Shanghai Banking Corporation (HSBC)
We acted for HSBC in a claim for negligence against solicitors engaged in a mortgage advance. HSBC was seeking to recover the loss it suffered when the borrower defaulted and the property was sold by mortgagee sale. An excellent settlement was achieved without the need for court proceedings.
Touchtwo Limited (restaurant/bar in Parnell, Auckland)
We acted for the original guarantors of a lease in High Court proceedings brought by the landlord for recovery of over $450,000 in unpaid rent. We successfully argued that a variation of the lease between the landlord and the assignee brought the original guarantor’s obligations to an end. Our argument with regard to the surrender of the lease determined the dispute in favour of our clients, releasing them from liability. The case is now a leading authority in New Zealand on this issue.
Related legal services
Property and real estate law
Buying and selling a house