Ben is an experienced commercial/civil litigation specialist. He has practised as a lawyer for over 20 years. After working in firms both in New Zealand and Brisbane during the first part of his career, Ben joined the independent bar in 2015 as a member of Canterbury Chambers.
Ben’s focus is on civil litigation. He has prosecuted and defended numerous civil matters against lawyers, accountants, engineers, architects, and other professionals. He has also acted in relation to many contractual disputes (including numerous construction matters) and insolvency matters. His other areas of specialty include bringing and defending Testamentary Promise, Family Protection and Estate related matters.
While Ben always recommends alternative dispute resolution to resolve matters (an area he is experienced in), he has significant experience in both the New Zealand court system as well as in the Queensland and Australian Federal courts. He has acted as counsel in witness-based arbitrations, tribunal hearings and in the District and High Courts. He has also been appointed as counsel to assist the court on several occasions.
Expertise
Arbitration
Building and Construction
Company
Contract, Civil and Commercial Disputes
Insolvency and Liquidation
Insurance
Mediation
Relationship Property
Wills and Estates
Case Highlights
McEvedy v McEvedy [2023] NZHC 3875
Acted as sole counsel for a defendant in successful application for security for costs and resistance of an application for trust preservation orders.
Goodman Jones v Hughey [2023] NZHC 604
Acted as sole counsel in defence of claims against major New Zealand company facing allegations related to manufacturer of frames and trusses. Successful defence following ten day High Court Tria. Costs awarded on indemnity basis.
Feather v Registrar of Companies [2023] NZHC 2630
Acted as sole counsel in successful application to reinstate company incorporated under Companies Act 1955 which company had been struck off New Zealand Companies Register 26 years prior to application.
Harkess v Dooley and Smith [2022] NZFC 793
Acted as sole counsel for second respondent beneficiaries in defence of Family Protection and Law Reform Act (Testamentary Promises) Act proceedings.
Lawrence v Registrar of the Real Estate Agents Authority [2021] NZREADT 44
Successful appeal to Real Estate Agents Disciplinary Tribunal regarding ability of consumer complainant to seek review decision of Real Estate Agents Authority.
Sirocco Trustees Tainui Limited v Clifden Holdings Limited and ors [2021] NZHC 3540
Successful defence of prejudiced shareholders proceedings under section 174 of the Companies Act 1993.
Moke v Rehu [2020] NZHC 3160
Acted as sole counsel in partially successful defended application for summary judgment regarding complex debt recovery matter arising out of de-facto relationship.
Taylor v BNZ [2011] 2 NZLR 628
Junior counsel in successful defence of negligence and related claims against a receiver following a three week trial.