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James Cochrane is a solicitor in Kensington Swan’s
litigation team in Auckland.
He specialises in commercial litigation.
James advises creditors and insolvency practitioners
on a range of matters, including debt recovery and enforcement of
personal guarantees, personal bankruptcy and company liquidation and
receivership, as well as PPSA security enforcement and priority
issues.
James also has experience with, and has appeared
in, both the District and High Courts on a range of commercial
issues.
James recently graduated from the University
of Auckland
with a Master of Laws with First Class Honours and a specialty in
Commercial Law.
James recently acted as lead counsel in the High Court, successfully
defending an application for summary judgment brought by a bank
against a guarantor: Westpac New Zealand v Cooper, CIV
2009-404-990, AKL HC, Duffy J; 33 TCL 7/4; [2010] BCL 130.
Other examples of James’ recent work include:
•
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.
• LeisureCo New Zealand
Ltd (In Liquidation), advised liquidator in obtaining significant
recoveries for secured and unsecured creditors.
• Thorn Rentals NZ Ltd v Ali,
CIV 2008-004-2319, 26 October 2009, AKL DC, Hubble J,
successfully defended application brought by a debtor to set aside a
judgment obtained by a creditor where debtor liable under a personal
guarantee.
• Motorworld Ltd (In
Liq) & Ors v McGregor & Ors, CIV 2007-404-6558, 9
October 2008, AKL HC, Lang J, [2008] BCL 1002; 31 TCL 45/8, a
successfully defended application to strike out proceedings.
• Nichibo Japan Trading Company Ltd v Fast Fours
& Turbos Ltd CIV
2008-404-7111, 29 October 2008, AKL
HC, Rodney Hansen J, involved a successful ex-parte injunction
for freezing orders and subsequent repossession of motor vehicles for
a secured creditor.
• Simpson v Reymer
Contracting Ltd [2008] NZCCLR 17; (2008) 10 NZCLC 264, 365, a
decision on the PPSA relating to priority of goods in insolvency.
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