Cecil Hanafin

Cecil is an experienced commercial and civil litigator. She provides strategic advice and representation in relation to a wide range of disputes and appears regularly as counsel in the New Zealand courts and other dispute resolution forums.

She has a strong interest in insolvency work including personal property claims, security enforcement and advising companies facing insolvency and corporate distress generally.

Cecil’s approach to the law is pragmatic and client focused.  Where appropriate she will seek to resolve matters through alternative dispute resolution forums such as negotiated settlements or mediations.

Cecil has significant experience in matters relating to:

  • Debt Recovery.
  • Insolvency, including personal property claims, security enforcement, and voidable transactions (acting both for and against liquidators).
  • Contractual disputes including termination and general contractual interpretation issues.
  • Fiduciary claims, including breaches of directors and trustees’ duties.
  • Trust and Estate claims.
  • Shareholder disputes.
  • Negligence claims.
  • Property and conveyancing related disputes.
  • Case management matters including extensive discovery, security for costs and numerous other interlocutory applications.

Cecil joined the independent bar in April 2021 after 10 years in private practice in both Auckland (Lowndes Jordan and Morrison Mallett) and Christchurch (Wynn Williams).

Examples of recent work:

  • Acting for and against liquidators including in respect of voidable transactions, section 261 applications, applications for directions, and other liquidator claims.
  • Advising various creditors in respect of Debt Recovery including in relation to the Personal Property Security Act 1999.
  • Acting for a software development company in respect of injunction proceedings issued against it.
  • Acting for successful plaintiffs in respect of their claims to recover shares in New Zealand’s largest Ponzi scheme. Also acted for various other investors in respect of defending and settling voidable transaction claims in the collapse.
  • Advising supply clients on security interests generally, and their obligations to ensure protection under the PPSA.
  • Pursuing and defending applications to set aside statutory demands.
  • Advising clients seeking specific performance of contractual rights.
  • Advising a large global make-up brand following the termination of a distribution agreement based on allegations of partnership and/or joint venture with alleged breaches of fiduciary duties.