Notable appearances
in New Zealand Courts
2023
|
Type: Criminal
Court: District Court Issue: Discharge without conviction First discharge without conviction in NZ history on the basis of complications related to an abortion |
TEST CASE:
June 2023 Police v "J" (District Court, Lead Counsel for "J") First Discharge in New Zealand history based on complications arising from an abortion. Discharge without Conviction and finding of "special reasons" under the LTA 1998 on grounds relating to complications arising from an abortion. Charge: Driving while suspended |
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Type: Civil
Court: High Court Issue: Extension of Restraining Orders and Recall of Judgment for special reasons 1. First successful Application for Recall in the criminal proceeds jurisdiction
2. Joinder of a 1 month old and 5 year old to the proceeding, who have interests in trust property restrained, and additional interests under domestic and international law 3. REMOVAL of the ENTIRE Reply Affidavit of the lead Detective in this matter 4. Important comments and observations about children's rights in the Extension Application Judgment |
CRIMINAL PROCEEDS
June 2023 [2023] NZHC 1790 (Extension of Restraining Orders) [2023] NZHC 2528 (Recall) Commissioner of Police v Bracken & Ors (High Court, Lead Counsel for Second Respondent, Fourth-Fifth-Sixth and Eighth Interested Parties. Note two interested party clients are minors (1 month old and 5 years old on joinder) with their parent interested parties as their litigation guardians. "I sincerely hope my work encourages and inspires more senior barristers (who may have acted in this area for a decade now) to be more lateral and active in their defence and opposition. Just because you have not achieved something before, or are not brave enough to try, does not mean something cannot be done or achieved." |
2022
|
Type: Civil
Court: High Court Issue: Judicial Review and dispute between members of religious governance board |
CHARITABLE TRUST DISPUTE INVOLVING RELIGIOUS GROUP AND GOVERNANCE BOARD
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|
Type: Criminal
Court: Court of Appeal Issue: Pre-sentence conviction and search and surveillance issue |
PRE SENTENCE APPEAL AGAINST CONVICTION
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Type: Public litigation
Court: High Court Issue: Alleged unlawful uplift of 3 young children in circumstances that did not warrant the use of ex parte uplift powers under Part 2 of the Oranga Tamariki Act 1989 |
HISTORIC AND UNPRECEDENTED PUBLIC LITIGATION AGAINST ATTORNEY-GENERAL AND CHIEF EXECUTIVE OF ORANGA TAMARIKI MINISTRY FOR CHILDREN
Throughout 2022 Mother v Oranga Tamariki and others (Family Court and High Court, Counsel for Mother) |
2021
November 2021: Mother v Oranga Tamariki and others (Family Court and High Court, Counsel for Mother)
Historic and unprecedented civil litigation against the Chief Executive of Oranga Tamariki Ministry for Children
Lead Counsel: J M Matheson
Historic and unprecedented civil litigation against the Chief Executive of Oranga Tamariki Ministry for Children
Lead Counsel: J M Matheson
August 2021: The Queen v 'Z ' (District Court, Counsel for "T") - jury trial - appealed as above.
CLAIM FG NO LONGER MENTALLY DISORDERED AS DEFINED
May 2021: In the matter of FG 21-48 (Mental Health Review Tribunal, Counsel for "FG")
[Review of compulsory treatment order under the Mental Health (Compulsory Assessment and Treatment) Act 1992 - client had been imprisoned for 2 years before being moved to and detained in the Mason Clinic, prior to community release, review of community treatment order]
May 2021: In the matter of FG 21-48 (Mental Health Review Tribunal, Counsel for "FG")
[Review of compulsory treatment order under the Mental Health (Compulsory Assessment and Treatment) Act 1992 - client had been imprisoned for 2 years before being moved to and detained in the Mason Clinic, prior to community release, review of community treatment order]
LARGE ORGANISATION CLAIMING INDEMNITY AGAINST STUDENT - SUCCESSFUL DEFENCE OF INDEMNITY COSTS
April 2021: K v The University of Auckland [2021] NZHC 724 (High Court, Counsel for "K")
[Successful defence of indemnity costs]
April 2021: K v The University of Auckland [2021] NZHC 724 (High Court, Counsel for "K")
[Successful defence of indemnity costs]
TEST CASE - WHETHER LEGITIMATE BUSINESS INCOME UPON WHICH TAX HAS NOT BEEN DECLARED CAN BE RESTRAINED AND FORFEITED UNDER THE 'CRIMINAL PROCEEDS' (RECOVERY) ACT 2009
February and March 2021: Commissioner of Police v JNN - [2021] NZHC 2413 (High Court, Counsel for JNN)
[Defence of Commissioner's restraining and further orders - tax evasion as significant criminal activity resulting in a benefit under the Criminal Proceeds (Recovery) Act 2009]
February and March 2021: Commissioner of Police v JNN - [2021] NZHC 2413 (High Court, Counsel for JNN)
[Defence of Commissioner's restraining and further orders - tax evasion as significant criminal activity resulting in a benefit under the Criminal Proceeds (Recovery) Act 2009]
URGENT APPLICATION FOR INTERIM INJUNCTION
February 2021: K v The University of Auckland [2021] NZHC 225 (High Court, Counsel for "K")
[Application for interim injunction - refusal to allow international student in the Bachelor of Medicine and Surgery on basis of statutory interpretation of Education Act 1989]
February 2021: K v The University of Auckland [2021] NZHC 225 (High Court, Counsel for "K")
[Application for interim injunction - refusal to allow international student in the Bachelor of Medicine and Surgery on basis of statutory interpretation of Education Act 1989]
2020
Employed Barrister to May 2020
Barrister Sole from May 2020
ABANDONMENT - ANTICIPATORY BREACH OF EMPLOYMENT AGREEMENT - TERMINATION
123 Casino Limited T/A 123 Palm Bar & Restaurant & Function Centre v Zuo [2020] NZEmpC 88 (Employment Court, Junior Counsel to Margaret Lewis)
123 Casino Limited T/A 123 Palm Bar & Restaurant & Function Centre v Zuo [2020] NZEmpC 88 (Employment Court, Junior Counsel to Margaret Lewis)
2019
Litigation Solicitor working underneath Litigation Partner
COMPLEX CONTRACTUAL PROCEEDINGS - FRANCHISE AGREEMENTS - VARIATION
Gloria Jean's Coffees Int Pty Ltd v Daboko Ltd [2019] NZHC 1097 (High Court, Junior Counsel to David Clark - now his Honour Judge David Clark)
DEFINITION OF REDUNDANCY
Leahy v Fairfit Tooling Ltd [2019] NZERA 103 (Employment Relations Authority, Junior Counsel to David Clark - now his Honour Judge David Clark)
COMPLEX COSTS - REASONABLY AND PROPERLY INCURRED BY TRUSTEES
Treizenberg v Mason (3) [2019] NZHC 2125 (High Court, Junior Counsel to Vanessa Bruton KC)
Gloria Jean's Coffees Int Pty Ltd v Daboko Ltd [2019] NZHC 1097 (High Court, Junior Counsel to David Clark - now his Honour Judge David Clark)
DEFINITION OF REDUNDANCY
Leahy v Fairfit Tooling Ltd [2019] NZERA 103 (Employment Relations Authority, Junior Counsel to David Clark - now his Honour Judge David Clark)
COMPLEX COSTS - REASONABLY AND PROPERLY INCURRED BY TRUSTEES
Treizenberg v Mason (3) [2019] NZHC 2125 (High Court, Junior Counsel to Vanessa Bruton KC)
2018
Litigation Solicitor working underneath Litigation Partner
REMOVAL OF TRIAL COUNSEL
Li v Liu [2019] NZAR 259; [2018] NZCA 528 (Court of Appeal, Junior Counsel to Warren Templeton)
REMOVAL OF TRUSTEES - CONTENTIOUS FAMILY TRUST LITIGATION
Triezenberg v Mason (1) [2019] NZHC 14 (High Court, Junior Counsel to Vanessa Bruton KC)
COSTS - REASONABLY AND PROPERLY INCURRED BY TRUSTEES
Triezenberg v Mason (2) [2019] NZHC 920 (High Court, Junior Counsel to Vanessa Bruton KC)
Li v Liu [2019] NZAR 259; [2018] NZCA 528 (Court of Appeal, Junior Counsel to Warren Templeton)
REMOVAL OF TRUSTEES - CONTENTIOUS FAMILY TRUST LITIGATION
Triezenberg v Mason (1) [2019] NZHC 14 (High Court, Junior Counsel to Vanessa Bruton KC)
COSTS - REASONABLY AND PROPERLY INCURRED BY TRUSTEES
Triezenberg v Mason (2) [2019] NZHC 920 (High Court, Junior Counsel to Vanessa Bruton KC)