Paul Murray

Paul Murray has extensive commercial litigation experience across a broad range of complex commercial disputes built up over the past  14 years.  He has a particular focus on insolvency, security enforcement, debt recovery and receivership matters, as well as resolving construction, infrastructure, property-related disputes.

Paul can assist if you are:

  • A lawyer requiring specialist help or advice.
  • A financier, investor or creditor who is owed money or holds security and is facing difficulties obtaining payment.
  • A business person with an actual or anticipated commercial dispute. This could include a contract dispute, governance issues, a negligence claim, a dispute between shareholders, an insurance dispute or a commercial dispute with a central or local government agency.
  • A property owner or tenant involved in a dispute over land or property, including in relation to easements, caveats, leases, or sales/purchases.
  • An owner, developer, contractor, engineer or project manager in the building/construction industry that requires advice or representation in relation to a dispute/litigation.
  • An insolvency practitioner requiring advice or representation on any issue arising from a personal or corporate insolvency situation. This could include claims against directors for breach of duties, recovery of antecedent transactions, “trust busting”, recovery of prejudicial dispositions, claims against professional advisers, property related disputes and equitable and proprietary claims.
  • A director or shareholder involved in a company that is facing financial difficulties, or has been placed into liquidation, receivership or administration.

Clients benefit from Paul’s direct, practical advice.  He will work with you to understand your business and provide realistic solutions that work for you.  He has the ability to digest complex factual scenarios, distil key legal issues and present each client’s case in a straightforward and convincing manner.

Paul has worked across the full range of formal dispute resolution procedures, from court litigation in the High and District Courts and the Court of Appeal to arbitration, adjudication and alternative dispute resolution processes.  This means he can advise you on the best course of action, their pros and cons and navigate any process to ensure you achieve the best outcome.

Examples of Paul’s experience include:

  • Appearing in the High Court in May 2018. The matter involved complex claims arising from the liquidation of a corporate trading trust.  It included debt recovery claims, recovery of prejudicial dispositions under the Property Law Act 2007 and claims against the director for breach of duties.  The case involved complex accounting, legal and trust issues.  I am currently awaiting judgment from the Court.
  • Attending a mediation on a multi-party matter involving complex security, proprietary and marshalling claims in March 2017. The matter involved caveat proceedings, substantive High Court proceedings and applications for freezing orders.
  • Advising on and resolving a range of property disputes arising out of insolvency situations, including in relation to leases, caveats and agreements for sale and purchase.
  • Acting for liquidators in High Court proceedings against the company’s former accountant. The proceeding (which is ongoing) includes claims for deceit, misuse of confidential information and negligence.
  • Appearing as senior counsel in three civil appeals to the Court of Appeal in 2016. The appeals against High Court decisions related to the reconsideration of the application of witness immunity to expert witnesses in New Zealand, the application of the “bankruptcy exception” to the without prejudice rule, and an insolvent transaction claim.
  • Successfully acting for a government entity on various claims by contractors and sub-contractors under construction contracts.
  • Acting for the Inland Revenue Department in relation to a claim for significant unpaid tax arrears. The matter settled at a judicial settlement conference.
  • Acting for a property developer in an arbitration involving claims against an engineering firm (and its insurer) for alleged defects in the civil engineering design of a residential property development. The matter was successfully resolved at mediation.
  • Acting for a project manager on a leaky building claim brought by the owners of a multi-unit apartment complex in the Weathertight Homes Tribunal. The claim was settled at mediation.
  • Advising a client on a dispute arising from its involvement in the Energy Efficiency and Conservation Authority’s Home Insulation Warm up New Zealand Scheme. The matter was resolved by negotiation without the need for legal proceedings.
  • Successfully obtaining District and High Court judgments for a property owner in relation to an easement dispute with a neighbour.
  • Acting for one of the major trading banks, and other financial institutions such as finance companies, insurers and a factoring company, on loan and financing arrangements, security enforcement and recovery issues.

Before joining the independent bar, Paul was a partner at the leading litigation firm Meredith Connell.

 

 

CONTACT

Phone:   09 558 5874

Mobile:  021 0340 726

Email:     paul@akaranachambers.co.nz

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