Profile

Michael is an experienced advisor to clients, with particular expertise in director & officers liability, financial institutions liability, commercial litigation and arbitration.

Michael acts as coverage and monitoring counsel for local and offshore insurers on arbitrations, securities claims, representative actions, derivative actions, regulatory prosecutions, and their preceding investigations. This has included associating on some of the largest and most complex D&O claims in New Zealand and Australia, such as the collapse of CBL Insurance, and the high-profile defence of insurers after the collapse of Nathans Finance.

Michael regularly defends clients in commercial litigation at all levels of New Zealand Courts, most recently as senior counsel in the: successful defence of a director against allegations of market manipulation; ongoing derivative action against directors of a transport company for decisions made during COVID-19 and its restrictions, ongoing claims against directors of a local Iwi’s corporate investment vehicle, and extant regulatory investigations into and expected proceedings on alleged cartel behaviour. His arbitration experience covers domestic and international arbitrations, including under UNCITRAL, ICC, SIAC and JAMS rules.

Clients have also trusted Michael to defend unusual and less ordinary claims, such as alleged defamation, intellectual property disputes, and alleged discrimination and breach of Human Rights.

Alongside his coverage and defence work, Michael drafts and advises local and international clients on policy wording across all Financial Lines products for New Zealand. He has also delivered many seminars and classes to underwriting, claims and broking teams, drawing from keen following of industry developments and emerging risks. Michael also works with clients for submissions on legislative and regulatory reform.

Michael is admitted in New Zealand and New South Wales.

Experience

Litigation and Dispute Resolution

  • Defending directors of a transport company against shareholder claims and a derivative action for breaches of directors’ duties relating to the company’s response to COVID-19 and consequent financial pressures: Roe & Ors v Wellington Combined Taxis Ltd & Ors and Wellington Combined Taxis v Clyma & Ors.
  • Successfully defending the former director and CEO of a dual ASX and NZX listed company against novel claims of information-based market manipulation under the Securities Market Act and Financial Markets Conduct Act: Financial Markets Authority v Hill.
  • Defending a real estate agency and its director against claims of cartel behaviour under the Commerce Act, resulting in the seminal Supreme Court decision on the requirements for arrangements or understanding and for price fixing under the Act: Lodge Real Estate Ltd v Commerce Commission [2020] 1 NZLR 238 (SC).
  • Successfully defending directors of a construction company against liquidators’ allegations of reckless trading in breach of directors’ duties, and a creditor’s direct claim of misleading representations under the Fair Trading Act.
  • Successfully defending a retail bank against claims of discrimination, breach of contract and negligence arising from its AML/CFT Act obligations: Abdollahi v TSB Bank Ltd.
  • Acting for an international law firm and its principal against cross-border claims of breach of trust and fiduciary duties by a high net worth individual: Lavrentiadis v Wintrust New Zealand Ltd & Ors.
  • Defending a media technology company against alleged copyright infringement, breach of licensing agreements, and defamation.

Coverage Advice – Directors & Officers

  • Advising POSI and D&O insurers on claims arising from the collapse of CBL Insurance, a dual ASX and NZX listed reinsurer based in New Zealand, including representative actions, regulatory proceedings, criminal charges, and civil claims by liquidators against directors and officers with total claim value exceeding NZ$750 million.
  • Advising D&O insurers on representative actions arising from the collapse of Intueri Education, a dual ASX and NZX listed education provider, with claims exceeding NZ$90 million.
  • Advising D&O insurers on cover under a New Zealand policy for class actions in Victoria, Australia against a dual ASX and NZX listed construction company following downgraded earnings.
  • Defending D&O insurers on their determination of cover for claims arising from the collapse of Nathans Finance (Nathans Finance Ltd (in liq) v AIG Insurance New Zealand Ltd).
  • Advising D&O insurers on regulatory investigations, receivership and statutory management of a New Zealand construction company and investment group.

Regulatory Investigations and Proceedings

  • Advising insurers and acting for their insured financial institutions and directors on investigations of and proceedings by the Financial Markets Authority and Reserve Bank of New Zealand, including the investigation and prosecution of New Zealand retail banks for breaches of the AML/CFT Act and of consumer credit contracts legislation; and the investigation and prosecution of licensed investment managers for alleged breaches of the FMCA.
  • Advising insurers and acting for their insured entities and directors on investigations of and proceedings by the Commerce Commission on anti-competitive behaviour, including alleged price fixing, cartel provisions and hub and spoke arrangements.

Arbitration

  • Acting for a medical technology company in an international arbitration on alleged breaches of patent licensing agreements, under JAMS Rules.
  • Defending an Australian construction company in an international arbitration on, and counterclaiming, alleged breaches of the CISG, under SIAC Rules.
  • Acting for a New Zealand local authority in a domestic arbitration on alleged breaches of services supply agreement.
  • Advising insurers on an ad-hoc international arbitration with a dual NZX and ASX listed entity on cover under various insurance contracts.

Policy Drafting

  • Advising New Zealand, Australian and London insurers on wordings for their D&O, professional indemnity, management liability and statutory liability products.
  • Advising boards, franchisees and trustees on scope and comparison of current and offered insurance products.
Areas of Expertise
  • Directors and Officers Liability
  • Inquiries, Investigations and Prosecutions
  • Litigation, Investigations and Inquiries
  • Management Liability
  • Professional Liability

Industry Representation
  • Construction and Infrastructure
  • Financial Institutions and Services
  • Property and Real Estate
  • Professions and Business Solutions
  • Regulatory, Compliance and Policy Review

Professional Affiliations
  • New Zealand Insurance Law Association
  • Legal Research Foundation
  • Australasian Professional Indemnity Group