Jenny is an experienced litigator specialising in company and securities law, fair trading and consumer finance law, competition law, and insolvency. She has acted for both corporate clients and individuals involved in investigations and proceedings by the Commerce Commission and Financial Markets Authority, as well as advising and acting in a wide range of commercial disputes and insolvency related matters.
Prior to joining Shortland Chambers in 2011, Jenny was a litigation partner at Bell Gully, which she joined after spending five years working for the UK’s Foreign and Commonwealth Office in London and The Hague. She is a graduate of the University of Otago and holds post-graduate degrees in Law and International Relations from Oxford University, which she attended as a Rhodes Scholar.
Examples of current and previous work
General commercial litigation/arbitration:
- Instructed as junior to Mark O’Brien QC as counsel for the plaintiff building owners in a large group action seeking damages in relation to alleged defects in James Hardie’s cladding products.
- Acted as lead counsel in proceedings by investors against advisers/accountants seeking damages for allegedly misleading/negligent advice (awaiting judgment).
- Acted as lead counsel for the successful party in an arbitration relating to the interpretation and termination of a joint venture agreement.
Financial markets/securities law:
- Appeared as lead counsel for the FMA on an appeal against a decision to deregister a company from the Register of Financial Service Providers (awaiting judgment).
- Acted as lead counsel for the FMA on a successful application for urgent interim asset protection orders.
- Appeared as junior counsel to Daniel McLellan QC for a defendant in its successful defence of the civil proceedings arising from the Feltex IPO (High Court and Court of Appeal).
- Acting for individuals in relation to insider trading/market manipulation investigations by the FMA.
- Providing expert opinions on interpretation of securities legislation to issuers and insurers.
Competition/fair trading/consumer credit:
- Acted for a European bank in a Commerce Commission investigation into whether the sale of a complex debt security to the public breached the Fair Trading Act.
- Acted for a mortgage lender in proceedings by the Commerce Commission under the Credit Contracts and Consumer Finance Act.
- Acted as junior counsel on an appeal to the Supreme Court on limitation issues under the Fair Trading Act.
- Acted as junior counsel to David Goddard QC on appeals to the High Court and Court of Appeal against the Commerce Commission’s decision to decline clearance for the acquisition of The Warehouse.
Debt recovery/insolvency issues:
- Acted as lead counsel for receivers in a High Court trial seeking to enforce property sale and purchase agreements.
- Acting on various applications to set aside statutory demands/voidable transactions.
- Advising debtors, creditors, liquidators and receivers on insolvency related issues.
- Acting in relation to payment disputes under the Construction Contracts Act 2002.
- Appeared as junior counsel to Colin Carruthers QC in an appeal to the Supreme Court relating to claims against a property manager appointed under the Protection of Personal and Property Rights Act 1988.
- Advising in relation to family trust disputes.