AREAS OF EXPERTISE
Arbitration, Civil and Commercial Litigation, Companies and Securities Law, Energy Law, Equity and Trusts, Insolvency Law, Maori and Treaty of Waitangi issues, Mediation, Public and Administrative Law
Mike practises in commercial litigation with a particular expertise in insolvency, energy, property and contractual disputes. He also acts on constitutional and Te Tiriti matters.
Mike has appeared in the High Court, Court of Appeal and Supreme Court in a number of leading reported cases in these areas.
He has been consistently recommended in leading law directories.
QUALIFICATIONS AND CAREER
LLB, Victoria University (1991).
BCA (Accounting), Victoria University (1991).
Mike joined the independent bar in 2017 and took silk in 2021. Prior to that he spent the majority of his career at Bell Gully including 16 years as a partner.
Mike also worked at Herbert Smith in London (1995-1996) and lectured in banking law at Victoria University.
RECENT AND NOTABLE CASES
Commercial and property
- Derivative claim against directors: Drylandcarbon v Leckie [2025] NZHC 2915; [2023] NZCA 570.
- Opposing injunction to continue supply on NZ’s largest gas contract: Methanex New Zealand Ltd v Nova Energy Ltd [2024] 3 NZLR 167.
- Warranty claim over provision of software: Chief Executive of the Department of Corrections v Fujitsu New Zealand Ltd [2023] NZHC 3598.
- Opposing contractual claims over the sale and purchase of a farm on the basis of mistake: Biscuit Creek Forest Ltd v Vallance [2022] 3 NZLR 830 (CA).
- Striking out claims against ANZ in relation to commercial lending: Criffel Deer Ltd v ANZ Bank New Zealand Ltd [2022] NZHC 2901.
- Acting for NZTA | Waka Kotahi in claims against contractors over the Transmission Gully PPP (2016-2023).
- Acting in the High Court, Court of Appeal and Supreme Court for the receivers of Kawarau Falls Station pursuing a large number of pre-sale purchasers of buildings and units within this Queenstown development. Kawarau Village Holdings Ltd v Sun [2018] 1 NZLR 378 (SC).
- Acting on proceedings involving the actions of mortgagees and purchasers over land including a leading Court of Appeal decision on mortgagees’ duties (Coultard v LCIL [2016] 3 NZLR 36), related High Court litigation and having the original developer of the land declared a vexatious litigant: LCIL v Paterson [2020] NZHC 2184.
- Acting for Sir Robert Jones in suing his former tax advisors for negligence: [2013] 1 NZLR 166 (CA).
Insolvency
- Acting for the statutory managers of the DuVal group.
- Acting for Harbour Asset Management Limited as representative plaintiff in a class action relating to the collapse of CBL. Settled prior to trial.
- Acting for the liquidators of Stonewood Homes Limited in a reckless trading claim against the former directors including challenges to the litigation funding arrangements: Cain v Mettrick [2019] NZHC 802; [2020] NZHC 2597; [2020] NZHC 2125.
- Appointing receivers to the Ebert Construction retention fund and distributing the retention account: Bennett v Ebert Construction Limited (in rec and in liq) [2020] NZHC 277.
- Acting in the High Court, Court of Appeal and Supreme Court for the liquidators of Ross Asset Management Limited on all aspects of the liquidation including recoveries against former investors and distribution issues. Ross Asset Management Limited was the largest Ponzi in New Zealand: Fisk v McIntosh [2017] 1 NZLR 863 (SC). See also Priest v Ross Asset Management Limited (2016) 11 NZCLC 98-046 in relation to a proprietary claim by a specific investor.
Class actions and litigation funding
- Acting on a class action against Transpower and Omexom over the collapse of a pylon and resulting power outage in Northland (2025 on).
- Acting for LPF on the availability of common funding orders: Simons v ANZ [2024] 3 NZLR 485.
- Acting for Harbour Asset Management Limited as representative plaintiff in a class action relating to the collapse of CBL.
- Acting for the liquidators of Stonewood Homes Limited on challenges to the litigation funding arrangements: Cain v Mettrick [2020] NZHC 2125.
Energy
- Opposing injunction to continue supply on NZ’s largest gas contract: Methanex New Zealand Ltd v Nova Energy Ltd [2024] 3 NZLR 167 and resulting arbitration.
- Acting for Todd in relation to litigation concerning access rights to the Kapuni Gas Treatment Plant (2015-2021) and a lengthy arbitration to set the price for Kapuni Gas (2015).
- Acting for CKI on an arbitration and related High Court proceedings in New Zealand following the cancellation of a sale and purchase agreement for an iron sands mine (2009 to 2012); [2012] NZHC 1277.
- Acting for the joint venturers of the Maui Gas Field on all matters concerning the redetermination of gas reserves in the field including High Court and Court of Appeal challenges to that determination: [2004] 1 NZLR 95; [2004] 3 NZLR 454.
Constitutional and Te Tiriti
- Acting for Mariameno Kapa-Kingi to have her reinstated as a Te Pāti Māori MP: Kapa-Kingi v Tamihere [2025] 3 NZLR 745.
- Acting for the Attorney-General in a challenge to the implementation of the fisheries settlement: Te Ohu Kai Moana Trustee Ltd (together with Te Ohu Kai Moana Trust) v Attorney-General [2025] 2 NZLR 382.
- Acting for the Attorney-General on a claim by Ngāi Tahu that it has rangatiratanga over all South Island fresh water including the ability to charge economic rent: Tau v Attorney-General; 7 week trial in February and March 2025 with judgment awaited.
- Acting for Tūhoe in relation to the jurisdiction of the Māori Land Court over post-settlement governance entities: Nikora v Kruger [2024] 1 NZLR 608 (SC).
- Acting for the Crown in various challenges to the Labour Government’s Three Waters programme: Timaru District Council v Minister of Local Government [2023] 3 NZLR 572; Water Users’ Group (NZ) Inc v Mahuta [2023] 3 NZLR 211.
- Acting for Ngāti Kahungunu ki Wairarapa Tāmaki Nui-ā-Rua Settlement Trust in a lengthy remedies claim in the Waitangi Tribunal and subsequent High Court and Supreme Court challenges: Mercury NZ Ltd v Waitangi Tribunal [2021] NZHC 654, [2021] 2 NZLR 142; Wairarapa Moana Ki Pouākani Inc v Mercury NZ Ltd [2022] 1 NZLR 767 (SC).
Public law
- Challenge to an OIO approval: Winton Property Investments Ltd v Minister of Finance [2023] NZCA 368.
- Acting on a judicial review of the powers of a statutory entity: Moveme Health Ltd v New Zealand Artificial Limb Service [2023] NZCA 621.
- Acting for Pharmac in a coronial inquiry in relation to its funding of an anti-epilepsy drug (2021).
- Acting for New Zealand Thoroughbred Racing on a number of judicial reviews and a large number of prosecutions of trainers, jockeys and other industry participants. See for example: [2017] NZAR 547.
- Acting for Pharmac on a range of judicial review matters including: judicial review of its decisions surrounding the funding of Herceptin [2010] NZAR 101; the funding of asthma products; and its involvement in the Medsafe approval process: (2002) 16 PRNZ 361. Also a a judicial review proceeding concerning the validity of a section 98 notice issued by the Commerce Commission against a pharmaceutical supplier: [2010] 1 NZLR 297.