Advice on commercial contractual disputes and contract interpretation is the core business of a commercial litigation practice and this work extends into most of the specialist areas listed.

Wilson Harle's lawyers frequently act in commercial contractual disputes, covering issues such as contract construction, fraud, misrepresentation, cancellation, breach of contact and damages.

Examples of cases in which the firm has acted include:

• Acted for a financial services firm in relation to a dispute involving a foreign currency trader and a foreign reserve bank arising from a foreign currency transaction in which another party attempted to use commemorative notes which the foreign reserve bank would not redeem.
• Acted for Vector Ltd in respect of a disputed termination of a contract.
• Acted for an Australian listed company in respect of the disputed redemption of convertible notes.

The firm has acted for network operators particularly in the areas of strategic and regulatory advice and disputes. The firm's principal involvement in the area is in acting for Vodafone New Zealand Limited, which owns one of New Zealand's cellular telephone networks and also operates a fixed line and internet business.

Examples of cases in the public domain in which the firm has acted include:

• Acted for Vodafone in its judicial review proceedings of the Commerce Commission's Mobile Termination Rate determination.
• Acting for Vodafone on its appeal from the decision of the Commerce Commission on the 2003-2004 Telecommunications Services Obligations Assessment.
• Acted for Vector Limited in relation to a contract dispute with another telecommunications company over rights to its networks.

Wilson Harle's lawyers are experienced in advising on, and conducting litigation concerning, competition, anti-trust and trade practices issues. 

The firm has represented numerous clients, both companies and individuals, in investigations and proceedings by the Commerce Commission for suspected breaches of the Commerce Act, Fair Trading Act, and Credit Contracts & Consumer Finance Act, as well as regulatory processes in the telecommunications and electricity/gas industries.  We have also acted in numerous trade practices disputes between private litigants. 

Lawyers in the firm also have experience in assisting clients with commercial compliance, risk assessment, and contract structuring.  We also represent those who wish to apply for clearance or authorisation of an acquisition or arrangement from the Commerce Commission and all related processes, including acting for third parties who may be affected by such applications. 

 The firm is experienced in providing advice and assistance to clients on proposed advertising, marketing and consumer promotions - in order to avoid trade practices issues. 

 Examples of cases in which lawyers of the firm have acted include:

• Acted in the Commerce Commission proceedings concerning price fixing in air cargo markets, the wood preservatives market (and associated criminal prosecution), diagnostic healthcare markets.
• Acted for senior managers of Carter Holt Harvey in relation to a Fair Trading Act prosecution by the Commerce Commission, and managed other Fair Trading investigations to a successful resolution with the Commission.
• Represented Vector in Commerce Commission's gas pipeline price control inquiry and subsequent judicial review.
• Pursued damages or compensation on behalf of affected parties for breach of competition law provisions.
• Advised Vodafone on various telecommunications regulatory and competition issues.
• Obtained authorisation of a restrictive trade practice for gas joint venture.
• Acted in merger clearance applications in industries as diverse as duty-free goods, telecommunications, healthcare, food, liquor and plastics markets, or advised on significant transactions where clearance was not sought (eg Procter & Gamble/Gillette).
• Acted for finance companies in investigations and prosecutions by the Commerce Commission under the CCCFA and FTA, including successfully defending prepayment fees charges.

Wilson Harle lawyers have acted in a number of construction disputes and have provided advice on a number of major infrastructure projects.

Recent cases in which that we have been involved include:

• Acting for a major civil works contractor to obtain payment from the principal.
• Acting for owners and developers in dispute with contractor.
• Acting for a developer purchaser of land to resist an attempt by a tenant to extend its lease.
• Acting for engineering consultancy firms in defending allegations of professional negligence.

Wilson Harle's lawyers are experienced in advising on, and conducting litigation concerning, corporate governance issues and disputes between shareholders, joint venturers, and similar investors. They have assisted clients in relation to contested takeovers, derivative action claims, minority oppression claims, interpretation issues arising from company legislation, corporate constitutions, unit trust deeds and shareholder agreements, contractual disputes and the contested exercise of various rights arising under statute or instruments.

The requirements of successful representation and assistance in such cases are an understanding of the client's commercial objectives, broad knowledge of the prevailing legal environment, developed skills and experience in dealing with issues of construction and interpretation, and the ability to develop an effective strategy in collaboration with clients and other advisers.

Examples of cases in which the firm has acted include:

• Represented Vector Limited in relation to a dispute with a joint venture partner in a geothermal power generation project.
• Acted for the Jacobsen Group in relation to disputes with Worldwide Entertainment Group and its receiver concerning corporate governance of, and the exercise of pre-emptive rights in relation to, a company that owns and operates Auckland's indoor entertainment arena.
• Acted for an Australian listed company in respect of claims and cross-claims by and against directors, shareholders and subsidiaries in liquidations.

Wilson Harle is the New Zealand member of FraudNet, the international network, established by the International Chamber of Commerce, of firms with expertise and experience in commercial fraud and asset recovery. Members of the firm have worked, in conjunction with overseas practitioners, in multi-jurisdictional asset recoveries, as well as in asset recoveries solely in New Zealand.

Our lawyers are involved in advising and commenting on New Zealand's new Anti-Money Laundering & Countering Financing of Terrorism Act 2009, including assisting banks and financial institutions with compliance measures, and in efforts to establish ACAMS (Association of Certified Anti-Money Laundering Specialists) in New Zealand.

Examples of cases in which the members of the firm have acted include:

• Represented an Australian manufacturer in relation to a substantial fraud perpetrated by the CFO of its New Zealand subsidiary over a 5 year period, including asset tracing and recovery from businesses and real estate into which stolen funds had been introduced, many held ostensibly by other parties.
• Represented a Central American insurance broking firm and its London underwriters in investigating and closing down a fraudulent international insurance company, operated from USA but incorporated in New Zealand.
• Worked, in co-ordination with lawyers in several other jurisdictions seeking similar orders, to obtain court orders in the Cook Islands requiring a local trust company to provide secret pre-action discovery in relation to its dealings with a US judgment debtor who had hidden assets in several offshore centres.

The firm has considerable experience in insurance law. Unusually among firms practising in this area, Wilson Harle acts mainly for insureds (outside of the shipping area where it acts frequently for P&I clubs).

We regularly advise commercial clients on risk analysis and insurance matters, particularly in relation to coverage issues.

Wilson Harle is a member of the AIG directors & officers defence panel. We are frequently instructed to act for executives in relation to investigations or claims where there are related insurance coverage issues.

In the area of shipping, Wilson Harle lawyers have, for many years, been the correspondents for a number of P&I clubs.

In addition to advisory work for commercial clients and defence work for insured executives, examples of cases in which the firm's lawyers have acted include:

• Acting for an international insurance broker in a proceeding concerning a coverage dispute.
• Acting for a commercial land owner in relation to claim on a commercial property policy in respect of subsidence damage.
• Acting for a factory owner and operator in respect of a major fire claim.

Wilson Harle's media law practice includes acting for clients in bringing and defending defamation claims, as well as advising and representing media organisations.

The firm's experience includes:

• Acted for the owner of a television network in restraining another network's infringement of copyright relating to broadcasts of the Rugby World Cup 2007. (Media Works NZ Ltd v Sky Television Network Ltd, HC Auckland, CIV-2007-404-5674, 18/9/07, Winkelmann J.)
• Acted for the publisher of the New Zealand Herald in striking out a claim for contribution in defamation proceedings. (Osmose New Zealand v Wakeling [2007] 1 NZLR 841.)
• Acted for a major New Zealand newspaper in challenging an injunction to prevent the publication of a book concerning the conduct of the opposition political party. (Brash v Doe, HC Wellington, CIV-2006-485-2605, 16/11/06, MacKenzie J.)

Wilson Harle lawyers have acted, both for plaintiffs and defendants, in relation to professional and product liability claims. Members of the firm have acted in the past as claims handlers for a local professional indemnity scheme and the firm is on the panel of D&O defence firms for a major insurer.

Wilson Harle is frequently instructed to act for companies, directors and senior managers in relation to product claims. Its lawyers have acted, both as advisers and defence lawyers, in major product recalls and subsequent litigation.

Examples of cases in which the firm's lawyers have acted include:

• Represented and advised manufacturers in relation to product recalls of infant formula, cheese and food ingredients, including in subsequent claims and insurance issues.
• Represented various New Zealand barristers in respect of professional liability claims.
• Represented an international accountancy firm in relation to claims arising from the use of its offshore trusts in a fraudulent scheme by former directors of a New Zealand company and its solicitor to keep its major assets from creditors and its liquidator.
• Represented a listed company in a claim against an international accountancy firm alleging negligent taxation advice.
• Represented an international engineering consultancy firm in respect of issues raised and claims made regarding its services in New Zealand and the Pacific.

The lawyers of Wilson Harle have considerable experience in the area of public and regulatory law. The firm acts as counsel to a quasi-judicial body, the Gambling Commission, and as the external legal adviser on public law issues to the Auckland District Health Board. It frequently acts for clients who operate in the heavily regulated business environments in advising on and challenging regulatory decision making.

Examples of cases in which the firm has acted include:

• Acted for the Gambling Commission in declaratory proceedings (and a subsequent appeal) concerning the meaning of key provisions in the Gambling Act 2003.
• Acted for the Auckland region district health boards in defending challenges to a decision to award a long term contract for diagnostic laboratory services.
• Acted for the successful appellant in an appeal to the Supreme Court on the construction of provisions of the Adoption Act 1950 and the Status of Children Act 1969.

Wilson Harle has a specialist shipping and international trade team which provides advice on all aspects of shipping and maritime services, including super yacht building and operation. The team also advises on related areas such as aviation, international trade, documentary credits and insurance.

The team is accustomed to dealing with issues on an urgent basis. Wilson Harle's shipping clients include many of the world's P&I clubs, as well as ship owners, charterers, super yacht operators and a wide range of operators in the transport and logistics fields.

The firm's services include:

• Litigation - disputes over charter parties, letters of credit, sale contracts, cargo loss, damage or delay, collision, salvage, and all aspects of the admiralty jurisdiction.
• Commercial - ship sale and purchase, ship registration and mortgages, yacht construction, refit and finance, joint venturing, chartering, contracts of affreightment, stevedoring and all other aspects of port and ship management and operation.
• Environmental - specialised advice on marine pollution issues, including the application of legislation relating to oil spills, dumping and discharge of ballast water.
• Public law/regulatory - representation in maritime safety investigations and charges, obtaining licences and similar permits and challenging regulatory decisionmaking.

Work undertaken by the firm includes the following examples:

• Acted for the charterer in an arbitration to determine liability between owner and charterer in respect of major cargo damage following engine failure in heavy seas.
• Acted for the Russian Federation in a claim against the Commonwealth of Australia in the International Tribunal of the Law of the Sea, in Hamburg, in respect of the seizure of a vessel in the Southern Ocean.
• Reviewed and redrafted the Ports of Auckland's standard terms and the terminal contracts with the shipping lines which use the port facilities.
• Acted in the sale of a fishing vessel fleet to another major fishing operator.
• Acted for various overseas purchasers and law firms in relation to problems arising from financial difficulties experienced by local boatbuilders, including issues arising from New Zealand legislation affecting the giving of debt securities over vessels under construction.
• Acted frequently in arresting vessels, setting aside arrests, and in priority hearings and other admiralty procedures.

For urgent assistance please contact a member of our shipping team directly:

Chris Browne

p +64-9-915 5705
m +64-21-617 007

Felicity Monteiro

p +64-9-915 9715

Kerryn Sparrow

p + 64-9-915 9725
 

Wilson Harle represents corporate clients and their senior executives in statutory investigations and criminal matters, principally in relation to business or industry regulatory offences. One of the firm's partners is a former criminal prosecutor. The firm's lawyers are experienced in dealing with complex legal and factual issues, documentary analysis and expert evidence swhich tend to be hallmarks of commercial statutory inquiries and complex criminal cases.

Examples of cases in which the firm has acted include:

• Representing maritime operators in investigations and prosecutions brought by Maritime New Zealand.
• Representing senior managers in trade practices prosecutions relating to representations regarding timber grading.