General Background
Tom practises in most areas of civil litigation, but with a particular focus on trusts, equity and insolvency matters.
He is a member of the Society of Trust and Estate Practitioners (STEP) and is the New Zealand country correspondent for Trusts & Trustees, which is a leading international journal on trust law and practice.
In addition to his civil practise, Tom has prosecuted numerous criminal trials, and has regularly acted for government agencies including the Inland Revenue Department, the Commerce Commission, and the Financial Markets Authority.
He has particular experience in cases involving criminal fraud and securities related offending, and acted for the Crown in various prosecutions arising from the finance company sector collapse, including prosecuting the directors of Bridgecorp Ltd.
Tom also regularly acts for liquidators, receivers and creditors in insolvency related matters.
Selected Recent Cases
Tom's recent experience includes:
- Advising foreign directors of a New Zealand incorporated trustee company in relation to the distribution of trust assets, and applying to the High Court for directions under s 66, Trustee Act 1956
- Acting for a trustee on a Beddoe application for directions authorising the trustee to commence proceedings to remove her fellow trustees at the expense of the trust estate
- Acting for five siblings in Family Protection Act proceedings challenging dispositions made under a will
- Acting for the Inland Revenue Department in breach of director duty proceedings arising from a failure by a company to return significant GST debts
- Acting for the developer of a "leaky" apartment building in negligence proceedings brought against him by the body corporate
- Acting for the Official Assignee in proceedings against a solicitor/trustee for breach of fiduciary duty
- Advising the Official Assignee in relation to voidable preference proceedings
- Acting for a major Australian liquor retailer in proceedings to set aside a liquidator's voidable preference claim
- Acting for a Family Court appointed property manager in long running proceedings under the Protection of Personal and Property Rights Act 1988
- Acting for a company against one of its directors that had defrauded the company of significant funds
Case History
- R v McArthur, Driessen and Osbourne (Auckland District Court, 16 November 2015) - acting for the Crown in a prosecution for the manufacture and supply of methamphetamine
- Paewai v Going-Richardson [2014] NZFC 6250; Paewai-Kohe v Paewai [2014] NZHC; and Paewai v Paewai-Kohe [2015] NZCA 437 - which involved a successful application to the Family Court for orders under s 4, Family Protection Act, and appeals arising from that application
- Harre v Clark [2014] NZHC 2455 - which involved a successful application under the Trustee Act 1956 to have trust property vested in the new trustees of a trust in circumstances where the former trustees alleged that they had been improperly removed as trustees
- Roest v R [2013] NZCA 547 - which was an unsuccessful appeal against conviction and sentence by one of the directors of Bridgecorp Ltd
- R v Petricevic [2012] NZHC 665; [2012] NZCCLR 7 - which was a three month criminal prosecution of the directors of Bridgecorp Ltd for offending under the Securities Act 1978 and Crimes Act 1961