Anna Cherkashina

Associate

Contact

Email Address: anna@norlinglaw.co.nz
Mobile Number: 021 821 822
DDI: (09) 216 8885

Membership

RITANZ (formerly INSOL NZ)
The New Zealand Law Society

Anna practices in the area of commercial litigation and has appeared as Counsel in the District Court, High Court and the Court of Appeal, having successes in all Courts.

Anna has a special interest in corporate, insolvency and security enforcement law. Anna advises and appears as Counsel for liquidators, receivers, administrators, company directors, shareholders, creditors and debtors on a range of issues, including:

  • Pursuit of directors for breaches of duties.
  • Pursuit of directors of phoenix companies.
  • Voidable transactions, transactions undervalue and transactions that defraud creditors.
  • Litigation involving corporate trusts.
  • Disputes between company directors and shareholders.
  • Mortgages and personal property securities.
  • Overdrawn current accounts.
  • General contract law, contract interpretation and consumer law.
  • Miscellaneous debt recovery (some of which involves complex legal issues).
  • Injunctions.
  • Enforcement actions including liquidating companies, bankrupting individuals, prosecuting for contempt of court and obtaining orders for arrest, attachment, charging and sale.
  • Defending directors prosecuted by the Commissioner of Inland Revenue for tax related offences.

Anna has contributed to the Insolvency Precedents and Practical Commentaries for Thomson Reuters (Westlaw), co-authored articles for various publishers, including Law Talk, and has also recently co-authored a printed book on Directors’ Risks.

Anna also writes regular articles for Norling Law. You can view these at our Publications.

Anna has a Bachelor of Law and is also in the process of completing her Bachelor of Business (Majoring in Accounting).

In addition to English, Anna is fluent in Russian.

If Anna’s expertise can be of assistance to you, do not hesitate to Contact us for a no obligation discussion.

Recent and Notable Judgments

Below are a selection of cases where Anna has acted as Counsel in Court. This is not a full selection of cases and it should be noted that many cases do not reach a full trial or hearing. Rather, they settle. Those cases will not reflect in the below table.

Court of Appeal

90 Nine Ltd v Luxury Rentals NZ Ltd [2019] NZCA 424Successful appeal of High Court’s decision dismissing an application for a liquidation of a company on discretionary grounds.View

High Court

Sak Hospitality Ltd v Joshi [2019] NZHC 2443Defended an application for temporary stay of enforcement (sale of house of the judgment debtor). Stay of enforcement was granted, however, subject to various conditions.View
Alpine South Fishing Ltd (in rec) v Kim [2018] NZHC 2579Successfully defending an application for an interim injunction preventing receivers taking further steps in relation to company assets.View
Ranolf Company Limited (in Liq) v Bhana [2017] NZHC 1183Successfully obtaining declaratory orders in favour of liquidator trustees and obtaining orders for sale of trust property to pay liquidators and creditors.View
Grant v Bhana [2016] NZHC 2755Successfully obtaining orders that respondents be penalised for contempt of Court for failing to comply with Court orders.View
Grant v Bhana [2016] NZHC 2352Successfully obtaining orders that respondents are in contempt of Court for failing to comply with Court orders.View
Schuler v Independent Livestock Agents Limited (in Liq) [2016] NZHC 1680Successfully defending appeal to strike out proceedings.View
CHK Hospitality Ltd (in Liq) v Grewal [2016] NZHC 1143Successfully striking out statement of defence.View
Debt Buyers Ltd v Adamson [2016] NZHC 932Successfully establishing that the contract was validly assigned to the plaintiff and that the plaintiff’s cause of action was not statute barred.View
Andrews v Grant [2015] NZHC 2934Successfully resisting a setting aside of judgment obtained and successfully interpreting an infrequently used provision of the High Court Rules.View
NZNet Internet Services Limited (in Liquidation) v Engini Limited [2015] NZHC 2713Successful application appointing the same liquidators of the creditor company as interim liquidators of the debtor company. Interim liquidation order made on an urgent basis, 1 working day after filing application.View
Grant v Bhana [2015] NZHC 2596Successful application obtaining orders that persons are in contempt of court and obtaining an order for arrest.View
Grant v Guo [2015] NZHC 2480Successfully obtaining orders against director in breach of her duties to pay all debts of the company and costs and fees of liquidator.View
Debt Buyers Ltd v Hancox [2015] NZHC 2484Successfully establishing that there was a valid acceleration of loan and that the plaintiff’s cause of action was not statute barred.View
Grant v Lotus Gardens Limited (in Liquidation) [2015] NZHC 2345Successful application replacing liquidator to appoint liquidator elected by creditor.View
Grant v Brown [2015] NZHC 1846Successfully obtaining orders against director in breach of his duties to pay all debts of the company and costs and fees of liquidator.View
Grant v McKenzie [2015] NZHC 1958Testing voidable transaction regime in regard to suspicion of knowledge of insolvency.View
Grant v BB2 Holdings Ltd [2014] NZHC 2504Testing voidable transaction regime in regard to payments made to secured creditor.View

District Court

Inland Revenue Department v Barikov [2018] NZDC 12633Successfully reducing sentence sought by the Commissioner of Inland Revenue in relation to an offence of aiding and abetting a company to knowingly apply or permit the application of tax for purposes other than payment to the Commissioner of Inland Revenue.View
Ranolf Company Limited (in Liq) v Bhana [2017] NZHC 1183Successfully obtaining declaratory orders in favour of liquidator trustees and obtaining orders for sale of trust property to pay liquidators and creditors.View
Grant v Bhana [2016] NZHC 2755Successfully obtaining orders that respondents be penalised for contempt of Court for failing to comply with Court orders.View