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Dan is a partner in Kensington
Swan’s Litigation team.
He specialises in commercial
litigation with a particular focus on insolvency and the
enforcement of securities.
Dan regularly appears in Court
and has appeared as senior counsel in the District Court, Maori Land Court, High
Court, Court of Appeal and Supreme Court.
He acts for local, national and
international clients, and provides litigation support for lawyers in
the USA,
Switzerland
and Australia.
In 2009, Dan assisted US
lawyers in the administration of a Chapter 11 Bankruptcy. Application
was made to have the Chapter 11 Bankruptcy recognised in New Zealand
pursuant to the Insolvency (Cross-border) Act 2006, the first
application under the new Act. (Re Pacific Northstar
Property Group, LLC 29/9/09, Associate Judge Faire, HC Auckland)
Other examples of Dan’s recent
work include:
Laywood v Holmes
Construction Wellington Ltd [2009] NZCA 35, the leading
case examining the relationship between the Construction
Contracts Act and insolvency
NZICA v Clarke (HC
Auckland, 4 March 2009, Keane J), a decision involving
the extent of privilege under the new provisions of the Evidence
Act
Simpson v Reymer
Contracting Ltd [2008] NZCCLR 17; (2008) 10 NZCLC 264, 365, a
decision relating to priority of goods in insolvency
NZICA v Clarke [2009] 3
NZLR 264; (2009) 19 PRNZ 246 (HC), a decision involving
the extent of privilege under the new provisions of the Evidence
Act
currently defending one of the
non-executive Bridgecorp directors in
prosecution brought by the Securities Commission
LeisureCo New Zealand
Ltd (In Liquidation), advised liquidator in obtaining
significant recoveries for secured and unsecured creditors.
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