Civil Litigation & Dispute Resolution

Civil Litigation involves disputes between individuals or companies. Turner Hopkins has an outstanding track record in dispute resolution as well as all manner of commercial litigation.

Disputes can often arise unexpectedly and at the most inconvenient time. For these reasons we are conscious of the need to ensure that our advice and representation achieves the most cost effective outcome for our clients.

Should a dispute develop into Court proceedings, our team of experienced litigators are well qualified to competently and expertly represent our clients in whichever Court or Jurisdiction the case is held. At Turner Hopkins we have considerable experience in all Courts throughout New Zealand including the District Courts, High Courts and Appellant Courts.

Commercial and Property
Contract/ Tort
Consumer Law
Professional Negligence (including finance company brokers)
Emergency applications – injunctions and interim relief
Conflicts of Law – International Law – Enforcement of Overseas Judgments
Bankruptcy – Insolvency – Creditors arrangements

Commercial and Property

A large number of the disputes in which our clients become involved arise from commercial and/or property transactions. In such cases, prompt analysis of the issues and advice is usually required. We are acutely aware of the need for our clients to act proactively in order to protect their position. In many cases involving property, issues relating to caveats may arise. We have particular experience in the law relating to caveats, both acting for parties seeking to maintain caveats and those applying to have caveats set aside.

Contract/Tort

Commercial relationships often involve parties agreeing to incur and accept contractual obligations to one another. Breaches of contract can lead to disputes where litigation assistance is required. Often a party must elect whether or not to affirm or cancel a contract. That decision can be critical in determining the outcome of any dispute. For that reason we encourage our clients to contact us immediately should they become concerned about their contractual relationships. Prompt analysis of the issues and advice can often lead to a speedy, economic and advantageous result.

The complex relationships between companies and/or individuals can also lead to claims arising from one party’s actual or alleged breach of a duty of care to another. This area of law is commonly known as “tort” or “negligence”. Claims of this nature commonly arise from accidents (including motor vehicle accidents), negligent or defective workmanship, professional advice, or damage to property. We have a wealth of experience in advising clients who face problems of this nature or are accused of having committed torts or engaged in negligent conduct.

Consumer Law

In New Zealand there is a raft of legislation that provide consumers with protection and avenues of redress when they have suffered loss or been harmed by suppliers of goods and services. These include the Consumer Guarantees Act, Fair Trading Act, and the Consumer Finance and Credit Contracts Act.

There are also a myriad of forums outside the court system in which consumers can pursue claims when they receive goods or services from businesses that are of inferior quality. These include the Insurance and Savings Ombudsman, the Banking Ombudsman, and specialised tribunals for areas such as the real estate, rental disputes and other service industries.

The key to succeeding in consumer claims is to ensure that the claim is clearly detailed, evidence is properly recorded and precise remedies are sought. We have experts available in most areas. With proper advice and professional services, disputes can often be resolved or settled without unreasonable cost or stress.

Professional Negligence and Adviser Malpractice (including finance company brokers)

Turner Hopkins has established itself as a leading advocate for people who have been disadvantaged and who have received negligent or erroneous advice from financial advisors. In particular we are acting for a number of clients who have suffered losses after investing in finance companies such as Bridgecorp subsequent to receiving inappropriate or incorrect advice from their financial advisors.

Emergency Applications – injunctions and interim relief

By their very nature, urgent and emergency applications require immediate action in order to commence or address proceedings where one party is attempting to maintain the status quo or stop another party taking irreversible action which may adversely affect another party or property. We have had considerable experience and success in obtaining injunctions on behalf of parties and also defending injunction claims against our clients.

An injunction is frequently sought restraining a party from dealing with an asset or money in order to prevent the frustration of another party’s claim. Such an action is known as a “Mareva injunction” and can be of particular importance when there is a concern that funds or assets may be disposed of.

Conflicts of Law – International Law – Enforcement of Overseas Judgments

Increased globalisation has led to Turner Hopkins providing legal assistance to a number of overseas based clients. Those clients often require assistance in dealing with contractual difficulties where one of the parties is in New Zealand.

We frequently represent clients who are seeking to enforce overseas judgments in New Zealand. This can be achieved either through the New Zealand Reciprocal Enforcements of Judgment Act or through common law remedies, depending on the circumstances. We have enjoyed considerable success in recovering debts owing to off-shore based clients by parties based in or with assets in New Zealand.

We have invested considerable resources in developing our network of relationships with legal advisors situated throughout Australasia, the South Pacific and globally. These relationships can be of particular value to client seeking assistance when involved in transactions or disputes where one or more party is based outside New Zealand ( link to our associations and alliances page page).

Bankruptcy - Insolvency – Creditors' Arrangements

Fluctuations in the economic cycle mean that expertise and advise in the areas of insolvency and bankruptcy is often required. The manner in which these issues are addressed can have a significant bearing on the ultimate outcome of claims being made against insolvent parties and their consequences.

With the assistance of some of New Zealand’s most experienced insolvency accountants, we are able to assist clients in entering into creditors arrangements (Part XV arrangements) in order to mitigate the consequences of any action by creditors. We frequently advise creditors in relation to legal issues arising from the actions of an insolvent debtor and the ability to reverse unlawful transactions.