General Background

Sandra is a senior commercial and civil litigator with significant experience across many aspects of the law.  This has enabled Sandra to bring a a unique perspective to her cases.  Admitted as a barrister and solicitor in 1988, she is known for taking on challenging cases that test the boundaries of the law and for being robust and decisive in her advice.  Many of her cases have involved novel issues and decisions.  She is fully committed to her clients’ causes and their success.

Sandra has significant experience in commercial and business disputes (involving for example, contracts, shareholder and business purchase issues)  in cases about land law (such as vendor/purchaser, unit titles, cross leases, leaky homes encroachment and Maori land law) construction, equity and trust law (including wills and estates) and statutory and public law.

Prior to joining Shortland Chambers as a barrister sole in 1991, Sandra spent four years as a solicitor at Russell McVeagh, where she specialised in litigation, property and intellectual property.  Sandra was also admitted in 2000 to practise at the bar in NSW, Australia.

Law is a passion for Sandra not just a career, but when not working in law she is out paddle boarding, collecting art, wine tasting, attending musical and cultural events and travelling.

Selected Recent Cases

Sandra's recent experience has included:

Contract Law:  A tender process contract case against a Council. This case involved allegations that the Council had wrongfully excluded a contractor from tendering for 4 cycleway contracts in the Far North. The Rintoul Group Limited v Far North District Council. Citations: [2017] NZHC 1132 High Court, Auckland, 29/5/2017, CIV-2016-404-1732, Downs J

Insolvency: An application to set aside 20 transactions as voidable preferences. Involved consideration of the tests for when payment to a business can be set aside. Blanchett v RBI Limited Citation: [2014] NZHC 1602

Land (Encroachments): The deposit of a new plan for a cross lease development reflecting structures built on the land since deposit of the original plan. This was the first New Zealand case to consider and determine in favour of the defendants, the issue of whether compensation for an encroaching structure could be awarded on the basis of loss of development potential for the other owners.
High Court, 2012. Duncan v Taylor. Citation: [2012] NZHC 2875. Reported in: (2011) 12 NZCPR 235; (2011) 12 NZCPR 808

Land (Maori): An application for a temporary change of status of Maori Freehold land to general land to enable long term leases to be entered into and registered, before restoring the land to Maori Freehold status.  Mangatawa Papamoa Incorporation- Lot 1 Deposited Plan South Auckland 65413 and Part Mangatawa Block. Maori Land Court, 2013. Citation: (2013) 52 Waikato Manipoto MB 82.

Land (Unit titles): A complex land law case representing the owners of a commercial unit within a unit title development over contributions to the costs of repairs. High Court, 2012. Body Corporate 95035 v Chang. Citation: [2012] NZHC 1512; [2012] NZHC 2808.

Leaky Buildings: Novel issues concerning whether orders should be made to the effect that owners of units should be compelled to repair their private property, or whether other owners should contribute to the costs of repair. Court of Appeal, 2012. Law v Tan Corporate Trustee Limited.
Citation: [2012] NZCA 620. Reported in: [2013] 1 NZLR 651.

Statutory Interpretation: Undue influence and mental capacity with many novel issues and assets worth over $100M in Carrington v Carrington. Citation: [2014] NZHC 869. Reported in: [2014] 29 NZFLR 571; (2014); (2014) 29 FRNZ 738; (2014) 22 PRNZ 43.

Professional Activities

  • Admitted as Barrister and Solicitor of the High Court of New Zealand on 17 June 1988
  • Barrister Sole July 1991 to present.

Professional Memberships

  • Member of the Intellectual Property Society of Australia and New Zealand
  • Member of the NZ Bar Association, Auckland District Law Society and New Zealand Law Society
  • Member of the NSW Bar Association

Sandra contributes to the legal profession by presenting regularly at legal conferences and seminars, including the following:

  • ‘Enduring Powers of Attorney’, Cradle to Grave Conference 2017
  • Capacity in law’, Cradle to Grave Conference 2016
  • ‘Termination of contracts’, Legalwise Seminar, 2016
  • ‘Shareholder Agreements’, Legalwise Seminar, 2016
  • ‘Mastering Interlocutory Applications’, Legalwise Seminar, 2015
  • ‘Recent Developments in Property Litigation’, Property Law Conference, Auckland, 2012.
  • Recent Cases under the Commerce Act 1986, Competition Law Conference, Wellington, 2008.
  • Presentation of a paper on the costs regime to the 2007 Annual Bar Association Conference.
  • ‘Personal Property Securities Act 1999’, 2006.
  • ‘Drafting and enforcing clauses for liquidated damages’ 2005.
  • Presentations on litigation skills on the topics of direct examination, and the gathering of evidence at Lexis Nexis annual seminars 2003, 2004 and 2005
  • Co-presenting the Introduction to Litigation Skills course for over 10 years

Case History

Some examples of cases in various practice areas are:

Contract Law

X v Y. Citation: [2015] NZHC 2594. High Court trial concerning equitable set-off and contractual interpretation. (Relationship Property Agreement -  interpretation)

Insolvency Law

Blanchett v RBI Limited. HC, 2014. Citation: [2013] NZHC 3128; [2014] NZHC 1602 (Application to Set Aside 20 transactions as voidable preferences).

Strategic Finance Limited v Moss. Citation: [2013] NZHC 2455 and [2013] NZHC 2158. (Bankruptcy Application & Adjudication)

Land Law

Body Corporate 95035 v Chang. Citation: [2012] NZHC 1512 and No (2) [2012] NZHC 2808. (Unit Title and contributions to repairs)

Law v Tan Corporate Trustee Limited. Citation: [2012] NZCA 620 Reported in: [2013] 1 NZLR 651; [2010] 13 NZCPR 930 (CA). (Leaky buildings and repair costs)

Mangatawa Papamoa Incorporation- Lot 1 Deposited Plan South Auckland 65413 and Part Mangatawa Block. Maori Land Court, 2013. Reported in: (2013) 52 Waikato Manipoto MB 82 (52 WMN 82). (Maori land - status and leases) 

Duncan v Taylor. CIV-2007-404-296. Reported in: [2012] NZHC 2875; (2011) 12 NZCPR 235; (2011) 12 NZCPR 808. (Encroachments; cross leases).

Tort

Loktronic Industries Limited v Diver; Diver v Loktronic Industries Ltd[2012] 2 NZLR 388 (CA) (Interference with contract)

Waterhouse v Contractors Bonding Limited. [2012] NZHC 566; [2013] 3 NZLR 361 (HC); [2012] 3 NZLR 826 (CA); [2012] NZSC 98[2014] 1 NZLR 91 (SC). (deceit and negligence)

 

Sandra Grant

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Qualifications

LLB (Hons) (Otago) 1987

Barrister Sole: 1991

Areas of Practice

Qualifications

LLB (Hons) (Otago) 1987

Barrister Sole: 1991

General Background

Sandra is a senior commercial and civil litigator with significant experience across many aspects of the law.  This has enabled Sandra to bring a a unique perspective to her cases.  Admitted as a barrister and solicitor in 1988, she is known for taking on challenging cases that test the boundaries of the law and for being robust and decisive in her advice.  Many of her cases have involved novel issues and decisions.  She is fully committed to her clients’ causes and their success.

Sandra has significant experience in commercial and business disputes (involving for example, contracts, shareholder and business purchase issues)  in cases about land law (such as vendor/purchaser, unit titles, cross leases, leaky homes encroachment and Maori land law) construction, equity and trust law (including wills and estates) and statutory and public law.

Prior to joining Shortland Chambers as a barrister sole in 1991, Sandra spent four years as a solicitor at Russell McVeagh, where she specialised in litigation, property and intellectual property.  Sandra was also admitted in 2000 to practise at the bar in NSW, Australia.

Law is a passion for Sandra not just a career, but when not working in law she is out paddle boarding, collecting art, wine tasting, attending musical and cultural events and travelling.

Selected Recent Cases

Sandra's recent experience has included:

Contract Law:  A tender process contract case against a Council. This case involved allegations that the Council had wrongfully excluded a contractor from tendering for 4 cycleway contracts in the Far North. The Rintoul Group Limited v Far North District Council. Citations: [2017] NZHC 1132 High Court, Auckland, 29/5/2017, CIV-2016-404-1732, Downs J

Insolvency: An application to set aside 20 transactions as voidable preferences. Involved consideration of the tests for when payment to a business can be set aside. Blanchett v RBI Limited Citation: [2014] NZHC 1602

Land (Encroachments): The deposit of a new plan for a cross lease development reflecting structures built on the land since deposit of the original plan. This was the first New Zealand case to consider and determine in favour of the defendants, the issue of whether compensation for an encroaching structure could be awarded on the basis of loss of development potential for the other owners.
High Court, 2012. Duncan v Taylor. Citation: [2012] NZHC 2875. Reported in: (2011) 12 NZCPR 235; (2011) 12 NZCPR 808

Land (Maori): An application for a temporary change of status of Maori Freehold land to general land to enable long term leases to be entered into and registered, before restoring the land to Maori Freehold status.  Mangatawa Papamoa Incorporation- Lot 1 Deposited Plan South Auckland 65413 and Part Mangatawa Block. Maori Land Court, 2013. Citation: (2013) 52 Waikato Manipoto MB 82.

Land (Unit titles): A complex land law case representing the owners of a commercial unit within a unit title development over contributions to the costs of repairs. High Court, 2012. Body Corporate 95035 v Chang. Citation: [2012] NZHC 1512; [2012] NZHC 2808.

Leaky Buildings: Novel issues concerning whether orders should be made to the effect that owners of units should be compelled to repair their private property, or whether other owners should contribute to the costs of repair. Court of Appeal, 2012. Law v Tan Corporate Trustee Limited.
Citation: [2012] NZCA 620. Reported in: [2013] 1 NZLR 651.

Statutory Interpretation: Undue influence and mental capacity with many novel issues and assets worth over $100M in Carrington v Carrington. Citation: [2014] NZHC 869. Reported in: [2014] 29 NZFLR 571; (2014); (2014) 29 FRNZ 738; (2014) 22 PRNZ 43.

Professional Activities

  • Admitted as Barrister and Solicitor of the High Court of New Zealand on 17 June 1988
  • Barrister Sole July 1991 to present.

Professional Memberships

  • Member of the Intellectual Property Society of Australia and New Zealand
  • Member of the NZ Bar Association, Auckland District Law Society and New Zealand Law Society
  • Member of the NSW Bar Association

Sandra contributes to the legal profession by presenting regularly at legal conferences and seminars, including the following:

  • ‘Enduring Powers of Attorney’, Cradle to Grave Conference 2017
  • Capacity in law’, Cradle to Grave Conference 2016
  • ‘Termination of contracts’, Legalwise Seminar, 2016
  • ‘Shareholder Agreements’, Legalwise Seminar, 2016
  • ‘Mastering Interlocutory Applications’, Legalwise Seminar, 2015
  • ‘Recent Developments in Property Litigation’, Property Law Conference, Auckland, 2012.
  • Recent Cases under the Commerce Act 1986, Competition Law Conference, Wellington, 2008.
  • Presentation of a paper on the costs regime to the 2007 Annual Bar Association Conference.
  • ‘Personal Property Securities Act 1999’, 2006.
  • ‘Drafting and enforcing clauses for liquidated damages’ 2005.
  • Presentations on litigation skills on the topics of direct examination, and the gathering of evidence at Lexis Nexis annual seminars 2003, 2004 and 2005
  • Co-presenting the Introduction to Litigation Skills course for over 10 years

Case History

Some examples of cases in various practice areas are:

Contract Law

X v Y. Citation: [2015] NZHC 2594. High Court trial concerning equitable set-off and contractual interpretation. (Relationship Property Agreement -  interpretation)

Insolvency Law

Blanchett v RBI Limited. HC, 2014. Citation: [2013] NZHC 3128; [2014] NZHC 1602 (Application to Set Aside 20 transactions as voidable preferences).

Strategic Finance Limited v Moss. Citation: [2013] NZHC 2455 and [2013] NZHC 2158. (Bankruptcy Application & Adjudication)

Land Law

Body Corporate 95035 v Chang. Citation: [2012] NZHC 1512 and No (2) [2012] NZHC 2808. (Unit Title and contributions to repairs)

Law v Tan Corporate Trustee Limited. Citation: [2012] NZCA 620 Reported in: [2013] 1 NZLR 651; [2010] 13 NZCPR 930 (CA). (Leaky buildings and repair costs)

Mangatawa Papamoa Incorporation- Lot 1 Deposited Plan South Auckland 65413 and Part Mangatawa Block. Maori Land Court, 2013. Reported in: (2013) 52 Waikato Manipoto MB 82 (52 WMN 82). (Maori land - status and leases) 

Duncan v Taylor. CIV-2007-404-296. Reported in: [2012] NZHC 2875; (2011) 12 NZCPR 235; (2011) 12 NZCPR 808. (Encroachments; cross leases).

Tort

Loktronic Industries Limited v Diver; Diver v Loktronic Industries Ltd[2012] 2 NZLR 388 (CA) (Interference with contract)

Waterhouse v Contractors Bonding Limited. [2012] NZHC 566; [2013] 3 NZLR 361 (HC); [2012] 3 NZLR 826 (CA); [2012] NZSC 98[2014] 1 NZLR 91 (SC). (deceit and negligence)