Commercial litigation & arbitration – shareholder and corporate disputes
Corporate & personal insolvency; director accountability actions by liquidators.
Criminal law – trial and appellate advocacy, with a particular focus on fraud.
Property & Trust law – trustee litigation; Body Corporate litigation – Unit Titles Act schemes, actions for Administration, minority relief.
Public law, judicial review and professional disciplinary proceedings.
Prior to entering the legal profession James worked in the New Zealand Legislature for two Parliamentary Research Units (2002-2006), before becoming a Ministerial Adviser to a Cabinet Minister (2007- 2008).
James was subsequently admitted in 2009. Before joining the independent bar, he was an Associate at Chen Palmer Partners and then a boutique criminal practice (together, 2009 – 2011).
His practice now is primarily concentrated on commercial & property-related litigation, but he maintains ongoing and active judicial review and criminal law work streams.
Recent and Notable Cases
Regan & Anor v Brougham  NZCA 157 and  NZHC 1091 First appeal and second appeal (as to leave) against District Court finding of void contract of guarantee in terms of s 27 Property Law Act 2007. Parties relied on ADLS standard form loan. Signature present but insufficient written terms. Whether defendant estopped.
Bishop Warden v Autumn Tree  NZCA 285 Actual or apparent authority of director to bind company, s 18 Companies Act 1993.
Vance v Vey Group Ltd  NZHC 1676 Action by minority shareholders for relief under s 174 Companies Act 1993.
Commissioner of Inland Revenue v Kamal  NZHC 1053. Successful strike out of Commissioner’s application for order prohibiting liquidator under s 286 Companies Act 1993.
Waho v Te Kohanga Reo National Trust  NZHC 1935. Declaration that trustee unlawfully removed. Trustee had not brought Board into disrepute. Trustee’s removal amounted to breach of trust.
Waho v Te Kohanga Reo National Trust  NZHC 1440 Trustee entitled to indemnity costs.
Re Body Corporate 46112 CIV-2019-485-314 Application to settle a scheme under s74 Unit Titles Act 2010.
Maiden v Body Corporate 46112  NZHC 1219. Body Corporate in such dysfunction that orders for Administration granted. Increased costs awarded against respondent.
Body Corporate v 68792 v Memelink & Ors  NZHC 1731 Dysfunctional body corporate requiring administration.
Liston-Lloyd v Police  NZHC 2615. Breach of NZBORA s 21 right to be secure against unlawful search and seizure. Destruction orders made, Baigents compensation awarded.
R v Angus  NZDC 8675. Application for stay (s 147 CPA jurisdiction) for undue delay. NZBORA s25(b) right breached but alternative remedy granted. And on review in Angus v R  NZHC.
A v NZLS  NZHC 1961 Application for judicial review of Standards Committee inquiry into practitioner.
Johnson v Police  NZHC 3098. Successful appeal against conviction. Trial counsel error; admission of exculpatory fresh evidence.
Haddon v Police  NZHC 1827. Successful appeal against pre-trial decision as to admissibility of improperly obtained evidence (unlawful production order); further breach of NZBORA s 23 right to consult lawyer.