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Anna Cherkashina

Senior Associate

Awards

Bio

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 relationship property law. Anna advises and appears as Counsel for liquidators, receivers, company directors, shareholders, creditors, debtors and ex-spouses 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 and contract interpretation;
  • Miscellaneous debt recovery (some of which involves complex legal issues);
  • Relationship property disputes;
  • Injunctions;
  • Enforcement actions including liquidating companies, bankrupting individuals, prosecuting for contempt of Court, and obtaining orders for arrest, attachment, charging and sale; and
  • 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, co-authored a printed book on Directors’ Risks, and two electronic books on Insolvency Law and Business Hibernation issued by Norling Law. Anna has also assisted the director of Norling Law, Brent, who co-authors Heath and Whale on Insolvency for LexisNexis (the leading insolvency text in New Zealand), with the provision of updates to the book.

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 2021, Anna was named a Rising Star by NZ Lawyer. In the same year, Anna was awarded Excellence by the New Zealand Law Awards in Young Private Practice Lawyer of the Year category.

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 424

Successful appeal of High Court’s decision dismissing an application for a liquidation of a company on discretionary grounds.

High Court

Alpine South Fishing Ltd (in liq) v Kim [2021] NZHC 319

Successfully obtained orders for security for costs against the plaintiff.

Sak Hospitality Ltd v Joshi [2019] 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.

Alpine South Fishing Ltd (in rec) v Kim [2018] NZHC 2579

Successfully defending an application for an interim injunction preventing receivers taking further steps in relation to company assets.

Ranolf Company Limited (in Liq) v Bhana [2017] NZHC 1183

Successfully obtaining declaratory orders in favour of liquidator trustees and obtaining orders for sale of trust property to pay liquidators and creditors.

Grant v Bhana [2016] NZHC 2755

Successfully obtaining orders that respondents be penalised for contempt of Court for failing to comply with Court orders.

Grant v Bhana [2016] NZHC 2352

Successfully obtaining orders that respondents are in contempt of Court for failing to comply with Court orders.

Schuler v Independent Livestock Agents Limited (in Liq) [2016] NZHC 1680

Successfully defending appeal to strike out proceedings.

CHK Hospitality Ltd (in Liq) v Grewal [2016] NZHC 1143

Successfully striking out statement of defence.

Debt Buyers Ltd v Adamson [2016] NZHC 932

Successfully establishing that the contract was validly assigned to the plaintiff and that the plaintiff’s cause of action was not statute barred.

Andrews v Grant [2015] NZHC 2934

Successfully resisting a setting aside of judgment obtained and successfully interpreting an infrequently used provision of the High Court Rules.

NZNet Internet Services Limited (in Liquidation) v Engini Limited [2015] 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.

Grant v Bhana [2015] NZHC 2596

Successful application obtaining orders that persons are in contempt of court and obtaining an order for arrest.

Grant v Guo [2015] NZHC 2480

Successfully obtaining orders against director in breach of her duties to pay all debts of the company and costs and fees of liquidator.

Debt Buyers Ltd v Hancox [2015] NZHC 2484

Successfully establishing that there was a valid acceleration of loan and that the plaintiff’s cause of action was not statute barred.

Grant v Lotus Gardens Limited (in Liquidation) [2015] NZHC 2345

Successful application replacing liquidator to appoint liquidator elected by creditor.

Grant v Brown [2015] NZHC 1846

Successfully obtaining orders against director in breach of his duties to pay all debts of the company and costs and fees of liquidator.

Grant v McKenzie [2015] NZHC 1958

Testing voidable transaction regime in regard to suspicion of knowledge of insolvency.

Grant v BB2 Holdings Ltd [2014] NZHC 2504

Testing voidable transaction regime in regard to payments made to secured creditor.

District Court

Inland Revenue Department v Barikov [2018] NZDC 12633

Successfully 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.

Ranolf Company Limited (in Liq) v Bhana [2017] NZHC 1183

Successfully obtaining declaratory orders in favour of liquidator trustees and obtaining orders for sale of trust property to pay liquidators and creditors.

Grant v Bhana [2016] NZHC 2755

Successfully obtaining orders that respondents be penalised for contempt of Court for failing to comply with Court orders.

View blog articles Anna Cherkashina has authored.