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Brent Norling

Director

Awards

Bio

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 a contributor to 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 a committed and pragmatic negotiator having completed the Program on Negotiation from Harvard University, USA. Through this qualification Brent studied not just the fundamentals of negotiation but the ability to create and claim value, best practices for difficult situations, dealing effectively with emotions and relationships, negotiating across cultures and multi-party negotiations and organisational challenges.
Where negotiations do not resolve matters, Brent is focussed on winning in Court, if he must. Brent has extensive experience in Court but also has undertaken international advocacy training. In particular, Brent has attended the Advanced Trial Advocacy intensive from the Australian Bar Association where he has developed skills from world class advocates.
2014
  • Brent was personally a finalist in the New Zealand Law Awards for Young In-house Lawyer of the year.
2015
  • Brent was personally a finalist in the New Zealand Law Awards for Young In-house Lawyer of the year.
2016
  • Brent was personally a finalist in the New Zealand Law Awards for Young In-house Lawyer of the year.
2017
  • Brent led Norling Law to be a finalist in the New Zealand Law Awards in the Litigation and Dispute Resolution Specialist Law Firm category.
2018
  • Brent led Norling Law to be a finalist in the New Zealand Law Awards in the Litigation and Dispute Resolution Specialist Law Firm category.
  • Brent was personally a finalist in the New Zealand Law Awards for Young Private Practice Lawyer of the year.

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.

Supreme Court

Canavan v Grant [2014] NZSC 82
Successful opposition to leave application.
CP Asset Management Ltd v Grant [2014] NZSC 11
Successful opposition to leave application.

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.

Monocrane NZ Limited (in Liq) v Grant [2016] NZCA 139

Estoppel against claim for an overdrawn current account where Relationship Property Agreement exists.

Grant v Lotus Gardens Ltd [2014] NZCA 498

Successful opposition to application for extension of time to cross appeal.

Grant v Lotus Gardens Ltd [2014] NZCA 127

Successful appeal dealing with the automatic setting aside of transaction and statutory demand.

Schuler v Grant [2014] NZCA 91

Successful opposition to appeal holding director liable for breaches of director duties – indemnity costs.

Grant v CP Asset Management Ltd [2013] NZCA 452

Successful appeal reinstating liquidators replaced at the High Court and disregarding views of related creditors.

High Court

Another Orange Service Centre Limited (in Liq) v Vincent [2021] NZHC 2135

Successfully defended summary judgment proceeding by a liquidator seeking judgment on an overdrawn current account.

Trilogy Bar and Eatery v Samson Corporation Limited [2021] NZHC 177

Successfully obtained injunctive relief against reentry by landlord and obtained orders that the tenant occupy the premises.

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

Successfully obtained orders for security for costs against the plaintiff.

Kim v Diamond Hostel Limited [2020] NZHC 1551

Successfully obtaining full payment of a debt for our client together with interest and indemnity costs (actual legal costs).

FV Aluminium 2011 Limited v Firma Construction Limited [2020] NZHC 1358

Successfully defending an application for staying proceeding and restraining in advertising.

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.

Greenfield Global Limited v MKAH Limited [2017] 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.

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.

Central Tyres Waipukurau Limited (in Liquidation) v Pallesen [2016] 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.

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 applicaiton obtaining orders that persons are in contempt of court and obtaining and order for arrest.

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

Successful application replacing liquidator to appoint liquidator elected by creditor.

Central Tyres Waipukurau Limited (in Liquidation) v Pallesen [2015] NZHC 2324

Successful in obtaining orders to freeze properties of defendant pending outcome of litigation.

Grant v McKenzie [2015] NZHC 1958

Successful in obtaining orders to freeze properties of defendant pending outcome of litigation.

Grant v ML Trustees 2711 Limited [2015] NZHC 1652

Successfully obtaining costs against trustee.

Grant v ML Trustees 2711 Limited [2015] NZHC 1503

Successful in obtaining a declaration of validity of liquidator appointment and that trustee ratified actions of co-trustee decisions.

Grant v Johnson [2015] NZHC 611

Successful in obtaining a declaration that directors breached duties to company and are liable for debts of company.

Grant v Rosebud Corporate Trustee Ltd [2014] NZHC 2789

Successful proceeding declaring that transaction was made at undervalue and requiring defendant to repay the difference.

Grant v Pandey [2014] NZHC 623

Successfully obtaining orders requiring parties to provide the liquidator with books, records and documents of company.

Grant v Pandey [2014] NZHC 559

Successful in obtaining increased costs and costs for in-house counsel.

Grant v Westcon Group NZ Ltd [2013] 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.

Grant v Pandey [2013] NZHC 3330

Successful in obtaining orders requiring parties to attend an interview under oath by the liquidator.

Grant v Pandey [2013] NZHC 3323

Successful in upholding a decision of Associate Judge on review and obtaining increased costs.

Grant v Barahmi CIV-2014-404-1447

Successful in obtaining a warrant of arrest for noncompliance with Court order.

West v Grant [2013] NZHC 3043

Successfully defending an application requiring that liquidators be replaced or supervised by the Court.

Grant v Pandey [2013] NZHC 2844

Successful in opposing a parties protest to the jurisdiction of the High Court.

Grant v Independent Livestock 2010 Ltd [2012] NZHC 3458

Successful in holding director liable for breaches of director duties – indemnity costs.

Grant v Lenaghan [2012] NZHC 3065

Successful in obtaining declaration as to ownership of assets where ownership was not certain.

District Court

Schuler v Independent Livestock Agents Limited (in Liq) [2015] NZDC 24512

Successfully defending an application for security for costs and strike out of claim.

NZNet Internet Services Limited (in Liq) v Engini Limited [2015] NZDC 19835

Successfully striking out statement of defence which was based on an alleged forgiveness of debt and obtaining judgment.

Brent Norling
View blog articles Brent Norling has authored.
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