Commercial litigation
Commercial litigation lawyer, Auckland
We act in a wide range of commercial litigation, from contract disputes to misleading conduct claims, led by a litigator admitted in 1987.
- Contract disputes
- Fair Trading Act claims
- Landlord and tenant
Disputes we handle
Contracts and trading
- Breach of contract claims
- Supply and sale of goods disputes
- Misleading or deceptive conduct (Fair Trading Act)
- Claims against real estate agents
Property and professionals
- Landlord and tenant disputes
- Claims against professional advisers
- Directors’ personal liability
- Debt recovery
Wide-ranging experience
We have acted in contract disputes on subjects as varied as ocean-going yachts, the supply of animal feed, and claims against estate agents. We also act for landlords in litigation arising from the landlord-tenant relationship.
Commercial litigation: common questions
Which court will hear my claim?
The Disputes Tribunal hears claims up to $60,000, without lawyers appearing. The District Court hears claims up to $350,000, and the High Court hears larger and more complex claims.
How long do I have to bring a claim?
Most money claims must be filed within six years of the act or omission they are based on, under the Limitation Act 2010. If you only found out about the key facts later, you may have three years from then, subject to a 15-year longstop. Building claims have a 10-year longstop.
Can I recover my legal costs if I win?
Usually some, but not all. Courts award costs on a scale that typically covers part of the winning party’s actual legal costs, so it is worth factoring this into any settlement decision.
Can I sue a real estate agent who misled me?
Possibly. Misleading or deceptive conduct in trade is prohibited by the Fair Trading Act 1986, and we have obtained judgment for homeowners against a real estate agent and firm over the sale of a leaky building.
These answers are general information, not legal advice for your situation.
Talk to Michael about your situation
The first consultation is free and confidential. Bring any reports, contracts or correspondence you have, and we will explain your options and the likely time limits.
We aim to reply within 24 hours. Every enquiry is held in strict confidence.
Other areas we can help with
Defective & Leaky Buildings
Claims for homeowners and bodies corporate since 2005, and defence of builders, developers, designers and their directors.
More about defective & leaky buildings →Construction Disputes
Payment claims, adjudication and building contract disputes under the Construction Contracts Act, for owners and contractors.
More about construction disputes →Body Corporate & Unit Titles
Levies, repairs, rules and governance disputes under the Unit Titles Act 2010, for bodies corporate, committees and owners.
More about body corporate & unit titles →Insurance Claims
Declined claims and policy coverage disputes, especially public liability and professional indemnity policies.
More about insurance claims →