Cathy Murphy

Practice Areas

Professional Representation

Contractual Disputes

High St Chambers has the legal knowledge, skills, and experience to advise clients on all manner of contractual disputes.

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Whether you are pursuing the enforcement of contractual rights or defending a claim, I can assist you to assess risk, manage cost and strategise to achieve efficient resolution.

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Sample matters include:

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• pursuing damages in relation to the bad faith termination of a major public services contract

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• pursuing enforcement of oral contract in connection with regulatory earthquake construction works

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• advising a trust on rights and obligations in connection with failed negotiations for purchase of regional health organisation (elements necessary for binding agreement)

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• defending damages claim by reference to partly performed oral contract for purchase of land

Corporate Governance/Shareholder Disputes

The fluent management of a board of directors or the relationships between directors can become problematic from time to time.

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I can assist you to put structures in place to arrest the impact of any discord and protect the business from increasing harm.

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Sample matters include:

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• defending s174 claim relating to alleged prejudice to minority shareholder and negotiating corporate ‘divorce’

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• advising healthcare provider on rights and enforcement options following alleged abuse of position and use of confidential information by CEO to establish rival business

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• second counsel on directors' liability proceedings in High Court & Court of Appeal (plus successful opposition for leave to appeal to Supreme Court) - Mason v Lewis [2009] NZCA 306

Insolvency

I represent clients as counsel in relation to both corporate insolvency (receiverships and liquidations) and personal insolvency.

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I also act for creditors who are looking to preserve payments made to them by insolvent entities. I am experienced in dealing with cross-border insolvency issues and asset-tracking.

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Sample matters include:

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• advising liquidators on recovery actions relating to antecedent payments, current accounts and voidable charges (sole counsel on NZ’s leading authority)

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• advising receivers on validity and enforceability of securities, including how to oppose application to set aside a secured charge

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• representing Australian client in connection with obtaining Cross-Border Insolvency Act main proceeding recognition

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• defending directors against claims relating to breach of duty and voidable transfers

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Property Disputes

I have represented clients in a variety of property disputes from the sale and purchase of residential or commerical land to the issues that can arise in connection with commercial leasing.

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Some samples include:

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• acting for commercial landlords in breach of lease and failure to make good

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• advising on cancellation of subdivision contracts due to underlying geotechnical issues

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• advising off the plan purchasers on rights after significant changes by developers

Debt Recovery

Cost-effective debt recovery is an important element of any commercial operation. I have acted for both creditors and debtors in connection with the rights and obligations associated with monetary claims.  I appreciate the importance of managing cost to ensure efficient results.

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Some samples include:

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• advising on the recovery of directors' current accounts

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• using summary judgment and court proceedings to recovery unpaid contractual obligations

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• pursuing & defending guarantors in relation to unpaid principal debts

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• managing the recovery of unpaid mortgage amounts

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• advising US creditors on debt enforcement options and Part 5 compromise proposal

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• enforcing debt claims related to judgment obtained in the Isle of Wight