Brent has a wealth of experience in the District Court, High Court, Court of Appeal and Supreme Court. Having successes in all courts.
In recognition of Brent’s knowledge of insolvency law, Brent is an author of Heath and Whale on Insolvency for LexisNexis. Heath and Whale on Insolvency is the leading insolvency text and is often referred to by Judges and Counsel in New Zealand.
Brent has also authored the Insolvency Precedents for Thomson Reuters. These precedents may be utilised by other New Zealand professionals such as other lawyers, insolvency practitioners and accountants. They are also available to Universities and students.
Brent is currently in the process of authoring other works that will be published in due course.
Brent practices what he authors and provides expert and strategic advice to his clients. Brent has acted as counsel in court in regard to various proceedings, including pursuit of directors for breaches of duties, transactions that defraud creditors, transactions at undervalue, voidable transactions, overdrawn current accounts, enforcement of obligations to provide documents or attend liquidator interviews, review of liquidators’ decisions, setting aside related party resolutions, applications for court directions, pooling of related companies, surrender of securities, confirming validity of liquidators’ appointment, vesting property and miscellaneous debt recovery.
Brent has also obtained freezing orders to preserve property pending the outcome of litigation.
In addition to the above, Brent has acted as Counsel in a range of enforcement actions including liquidating companies, bankrupting individuals, and obtaining orders for arrest, attachment, charging and sale.
Despite having a keen interest in litigation, Brent’s primary focus is on commercial settlement, where possible.
In 2014, 2015 and 2016, Brent was personally a finalist in the New Zealand Law Awards for Young In-house Lawyer of the year. In 2015, Brent was also a finalist for the CLANZ Private Sector In-house Lawyer of the Year.
In 2018, Brent was personally a finalist in the New Zealand Law Awards for Young Private Practice Lawyer of the year.
In 2018 and 2017, Brent lead Norling Law to be a finalist in the New Zealand Law Awards in the Litigation and Dispute Resolution Specialist Law Firm category.
Brent also lead Norling Law to be recognised as one of New Zealand’s most innovative Law Firms in 2019. In 2019, Brent also lead Norling law to be a finalist in the New Zealand Law Awards for Litigation and Dispute Resolution Firm of the Year and Boutique Law Firm of the year for our work in Insolvency and Restructuring.
Brent writes regular articles for various legal magazines but most are reproduced together with our own articles. You can view these at our Publications.
Brent can assist clients in a range of matters including:
- Litigation and Dispute Resolution;
- Insolvency and Restructuring;
- Shareholder Disputes;
- Tax Debt Problems; and
- Commercial Contract Disputes.
- Debt Recovery and Security Enforcement;
- Construction Disputes;
Recent and Notable Judgments
Below are a selection of cases where Brent 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  NZCA 424||Successful appeal of High Court’s decision dismissing an application for a liquidation of a company on discretionary grounds.||View|
|Monocrane NZ Limited (in Liq) v Grant  NZCA 139||Estoppel against claim for an overdrawn current account where Relationship Property Agreement exists.||View|
|Grant v Waipareira Investments Ltd  NZCA 607||Liquidation Regulations – surrender of securities.||View|
|Grant v Lotus Gardens Ltd  NZCA 498||Successful opposition to application for extension of time to cross appeal.||View|
|Grant v Lotus Gardens Ltd  NZCA 127||Successful appeal dealing with the automatic setting aside of transaction and statutory demand.||View|
|Schuler v Grant  NZCA 91||Successful opposition to appeal holding director liable for breaches of director duties – indemnity costs.||View|
|Grant v CP Asset Management Ltd  NZCA 452||Successful appeal reinstating liquidators replaced at the High Court and disregarding views of related creditors.||View|
|Sak Hospitality Ltd v Joshi  NZHC 2443||Defended 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  NZHC 2579||Successfully defending an application for an interim injunction preventing receivers taking further steps in relation to company assets.||View|
|Greenfield Global Limited v MKAH Limited  NZHC 1298||Successfully obtaining an injunction preventing the appointment of a receiver and defending costs and obtaining costs against the lender who unreasonably threatened receivership.||View|
|Ranolf Company Limited (in Liq) v Bhana  NZHC 1183||Successfully 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  NZHC 2755||Successfully obtaining orders that respondents be penalised for contempt of Court for failing to comply with Court orders.||View|
|Grant v Bhana  NZHC 2352||Successfully 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)  NZHC 1680||Successfully defending appeal to strike out proceedings.||View|
|Central Tyres Waipukurau Limited (in Liquidation) v Pallesen  NZHC 146||Successfully obtaining orders against director in breach of his duties to pay all debts of the company and costs and fees of liquidator.||View|
|Andrews v Grant  NZHC 2934||Successfully 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  NZHC 2713||Successful 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  NZHC 2596||Successful applicaiton obtaining orders that persons are in contempt of court and obtaining and order for arrest.||View|
|Grant v Lotus Gardens Limited (in Liquidation)  NZHC 2345||Successful application replacing liquidator to appoint liquidator elected by creditor.||View|
|Central Tyres Waipukurau Limited (in Liquidation) v Pallesen  NZHC 2324||Successful in obtaining orders to freeze properties of defendant pending outcome of litigation.||View|
|Grant v McKenzie  NZHC 1958||Testing voidable transaction regime in regard to suspicion of knowledge of insolvency.||View|
|Grant v ML Trustees 2711 Limited  NZHC 1652||Successfully obtaining costs against trustee.||View|
|Grant v ML Trustees 2711 Limited  NZHC 1503||Successful in obtaining a declaration of validity of liquidator appointment and that trustee ratified actions of co-trustee decisions.||View|
|Grant v Johnson  NZHC 611||Successful in obtaining a declaration that directors breached duties to company and are liable for debts of company.||View|
|Grant v Rosebud Corporate Trustee Ltd  NZHC 2789||Successful proceeding declaring that transaction was made at undervalue and requiring defendant to repay the difference.||View|
|Grant v Pandey  NZHC 623||Successfully obtaining orders requiring parties to provide the liquidator with books, records and documents of company||View|
|Grant v Pandey  NZHC 559||Successful in obtaining increased costs and costs for in-house counsel.||View|
|Grant v Westcon Group NZ Ltd  NZHC 3419||Voidable transaction. Unsuccessful in setting aside transaction but successful in obtaining an authority to support the proposition that secured creditors can be liable to a liquidator under the voidable transaction regime.||View|
|Grant v Pandey  NZHC 3330||Successful in obtaining orders requiring parties to attend an interview under oath by the liquidator.||View|
|Grant v Pandey  NZHC 3323||Successful in upholding a decision of Associate Judge on review and obtaining increased costs.||View|
|Grant v Barahmi CIV-2014-404-1447||Successful in obtaining a warrant of arrest for noncompliance with Court order.||View|
|West v Grant  NZHC 3043||Successfully defending an application requiring that liquidators be replaced or supervised by the Court.||View|
|Grant v Pandey  NZHC 2844||Successful in opposing a parties protest to the jurisdiction of the High Court.||View|
|Grant v Independent Livestock 2010 Ltd  NZHC 3458||Successful in holding director liable for breaches of director duties – indemnity costs.||View|
|Grant v Lenaghan  NZHC 3065||Successful in obtaining declaration as to ownership of assets where ownership was not certain.||View|
|Schuler v Independent Livestock Agents Limited (in Liq)  NZDC 24512||Successfully defending an application for security for costs and stike out of claim.||View|
|NZNet Internet Services Limited (in Liq) v Engini Limited  NZDC 19835||Sucessfully striking out statement of defence which was based on an alleged forgiveness of debt and obtaining judgment||View|