I have experience in a range of commercial contract disputes, covering issues such as whether a contract has been concluded, interpretation, waiver and estoppel, misrepresentation and breach, and remedies, including issues relating to causation and damages.
I advised SkyCity Entertainment Group Ltd on discrete regulatory issues relating to casino gaming in the context of the negotiation of the New Zealand International Convention Centre Agreement between SkyCity and the Government. Under this Agreement SkyCity is building an international scale convention centre, and the government has granted certain regulatory concessions.
Other examples include:
- providing independent expert determinations (final and binding on the parties) on issues of contract interpretation;
- providing second opinions on issues of contract interpretation in the context of (confidential) complex commercial contracts;
- advising on the operation and interpretation of the chain of contracts involved in credit card transactions;
- advising on the interpretation of a contract relating to the installation of high-speed broadband;
- acting for the purchaser in a proceeding for damages for misrepresentation relating to a (yet to be built) high rise apartment. The case settled favourably in mediation;
- advising whether negotiations had led to concluded and enforceable contracts to purchase land;
- acting in proceedings alleging negligent performance of contractual obligations;
I have also given advice on the interpretation of clauses in agreements governing the (non-statutory) source of regulatory powers of public bodies. This overlaps with public law. A recent example was in the context of postal network access. Another was in the context of a racing club.