+64 09 969 1493

Our Expertise

We take great pride in the high calibre of our work and we take great joy being instrumental to our clients’ success.

Commercial Law

 

We advise clients on matters such as company formation, statutory demand, liquidation, business purchases and sales, financing, leasing, shareholder agreements, joint venture or partnership agreement, director’s duties issues, trust issues, and debt recovery. We also advise on commercial contracts of all types including information technology and intellectual property.

We act for clients in litigation involving these commercial matters. Below are some of our recent commercial/trust cases.

 

  • Zheng v Deng [2020] NZCA 614. A successful appeal involving determination of whether there is a partnership between two business persons who conducted their joint business through a group of companies. The case considered issues such as the requirement of s 4(1) of the Partnership Act 1908, the effect of s 4(2), the legal and evidence requirement of mutual trust and loyalty between business partners.

 

  • Fuati v Peng [2020] NZHC 672. A successful application seeking particular discovery in a High Court civil proceeding. The discovery sought relates to source of disputed funds and information under the control of witnesses for the opposing party. In the same proceeding we also struck out the opposing party’s cross application seeking discovery.

 

  • Fuati v Peng [2019] NZHC 1859. A successful discharge of a freezing order in the High Court which was initially granted on ex-parte basis. We successfully argued that the proposed causes of action against our client – namely money had and received and breach of trust had very low prospect of success despite the Court had earlier taken a different view.

 

  • Zhou v Yue [2019] NZHC 2167. A successful protest to the High Court’s jurisdiction on the basis that the other party’s trust claim should be conducted in the Family Court because the matter is part of an existing relationship property proceeding. This judgment is now a legal precedent in this area of the law.

 

  • Zhou v Chi [2018] NZHC 1298. A complex relationship property case where the former spouse of our client applied and obtained a without notice freezing order against one of the properties the parties once lived during the relationship. In May 2018, we successfully applied and obtained the discharge the freezing order on the grants that the former spouse had not made full and frank disclosure to the Court in a without notice application. We also advanced grounds that this property in question was no longer the family home and therefore not subject to PRA regime and that it was in fact a trust property. The Court awarded our client usual costs plus additional 20% uplift.

 

  • Corrick v Silich [2018] NZCA 221. An appeal of a commercial case involving formation of a contract and breach of fiduciary duties. Partial costs order was reversed on appeal. The Court of Appeal maintained the same outcome as the High Court but on a different line of reasoning.

 

  • GL Investment and Development Limited (In Liquidation) v Gao [2018] NZHC 868. A partially successful defence against a claim made by the liquidators against a company director for breach of various director’s duties.

 

We can assist you with

  • Business sales and acquisitions
  • Business – structure
  • Business – purchase
  • Leasing including commercial property, chattels, plant and equipment
  • Analysing (and minimising) business risks
  • Shareholder agreements and disputes
  • Due diligence
  • Sale of a business
  • Tax negotiations
  • Financial structures / funding / finance
  • Solvency issues
  • Liquidations and winding up
  • Creditor arrangements

Our Commercial Law Team

Daniel Zhang

Daniel Zhang

DIRECTOR

09 905 3687
 dzhang@adventark.co.nz

Richard Zhao

Richard Zhao

CONSULTANT

09 969 1491
 rzhao@adventark.co.nz

Orison Wu

Orison Wu

LEGAL EXECUTIVE

09 905 3684
 owu@adventark.co.nz

Let’s Work Together