GCA Lawyers acted for a farming business in a complex High Court claim involving alleged disease transmission from a key supplier. The matter resolved satisfactorily after a detailed factual investigation led by GCA established the evidential basis for liability, including through discovery applications, input from leading UK veterinary scientists, and information obtained from government agencies and third parties.
GCA Lawyers acted for the owner of a commercial building in an arbitration concerning end-of-lease reinstatement obligations. The owner obtained an award requiring the former tenant to pay six-figure reinstatement costs for fit-out works it had failed to complete under the lease.
GCA Lawyers successfully represented a Class 4 gaming society in a declaratory judgment regarding venue licence transfers under the Gambling Act 2003. The High Court ruled that corporate societies cannot withhold venue licence surrenders to impose a four-week stand-down period, reinforcing industry practice and ensuring fair competition. This decision clarified the obligations of corporate societies and upheld the rights of venues seeking to transfer gaming licences.
GCA acted in a major class action against Southern Response on behalf of around 3000 claimants, arising from alleged concealment of information relevant to Canterbury earthquake insurance claims. The case resulted in a historic first opt-out order and a settlement under which eligible class members recovered 100% of their assessed damages.
GCA Lawyers acted for a commercial property owner in a complex High Court insurance dispute involving multi-event earthquake damage, competing forensic engineering assessments and a seven-figure claim, achieving a negotiated settlement.
GCA Lawyers successfully defended Van Leeuwen Group’s right to seek court clarification on biosecurity compensation under the Biosecurity Act 1993. The Attorney-General sought to strike out the case, arguing disputes must go to arbitration, but the High Court ruled that legal interpretation remained within the Court’s jurisdiction. This decision clarified key compensation rights under the Act, providing strategic clarity for our client.
GCA advanced a class action for former AMI policyholders, against SRESL, and organised litigation funding support. The proceedings alleged that Southern Response applied ‘a deliberate strategy to minimise policyholders claim entitlements’ in breach of the insurance policy and the law. After the Court of Appeal permitted the case to proceed the government quickly moved to settle the claims and proceedings were formally discontinued. A specialised private determination process then proceeded before retired-Justice Panckhurst to finalise quantum due to each policyholder.
Mr Carr sought and obtained, the setting aside of an arbitration agreement and decision, on the basis of mutual mistake.
GCA Lawyers acted for an art dealer facing criminal proceedings concerning a representation agreement and competing allegations between the dealer and a represented artist about artworks and sale proceeds. All matters were successfully resolved out of court.
The Earthquake Minister was required to reconsider and make a fresh offer to uninsured red zone owners. The Quake Outcasts group filed a fresh action to judicially review this second Ministerial decision. The group lost in the High Court but on appeal, the Court of Appeal found* Minister Brownlee’s actions to have been unfair, unreasonable and unlawful. All Crown arguments in support of the Minister’s decision, were rejected. The Crown then settled. Publicly, the National government announced that Quake Outcasts members received ‘only 80%’ of the 2007 value of their improvements, but an interest component saw clients receive about 105% with a substantial costs payment in addition.
As National would only settle the claims of those persons in the action, with a change of government GCA lobbied the new government seeking payment for all uninsured homeowners in red zones to receive their full entitlements. In August 2018 the Labour government confirmed it would pay $12M to over 100 remaining uninsured homeowners in full and final settlement of this affair.
*Quake Outcasts v The Minister for Canterbury Earthquake Recovery and Chief Executive of the Canterbury Earthquake Recovery Authority [2017] NZCA 332
