Commercial Law & Civil Litigation

Do you relate to any of the following Commercial Law or Civil Litigation Issues?

You feel you have been wronged but cannot recover additional compensation from the Court because ACC bars proceedings except for exemplary damages that punish wrongdoing or you are on the receiving end of such a claim; what sums can be awarded; what evidence do you need to defend or advance such a claim; are there limitation periods that must be observed – in 1998 Gary Turkington went to the Privy Council and successfully upheld a suit against his client in W v W [1999] 2 NZLR 1 (the result was reversed by legislative intervention but the principles relating to awards remain the same).

You are a majority shareholder in a company engaged in a property venture in NZ and overseas; a minority shareholder disputes the wisdom of the venture and issues proceedings in NZ and overseas claiming oppression and a return of his investment; what may entitle the minority to a return of his investment, who pays for the proceedings, and under what circumstances can the majority make substantial business decisions without recourse to the Court; what can be done to stop separate proceedings from being heard in different countries when the issues are similar; in 2007 and 2008 Gary Turkington was involved in such advice and litigation in NZ and Fiji; he successfully persuaded the High Court in Fiji to stay the proceedings in that country so that all matters could be heard in NZ – the result and subsequent settlement saved the parties the substantial cost of ongoing litigation.