Gareth is among New Zealand’s most experienced, highly regarded and trusted insolvency practitioners and litigators.
As a lead Partner of MC’s Insolvency, Recoveries and Enforcement Group, Gareth and his team act for both debtors and creditors, including companies and directors facing recovery demands, private insolvency practitioners and the Official Assignee.
Gareth and his team are expert in all aspects of personal and corporate insolvency, including complex and high-value High Court recoveries-related litigation. Gareth has particular expertise in asset preservation, cross-border insolvency, contractual and fraud-based claims, and consequent recovery proceedings.
As a litigator, Gareth has overseen and led hundreds of insolvency and similar cases at all levels of the New Zealand court system, up to and including the Supreme Court. Gareth and his team welcome difficult or novel briefs, and have successfully represented clients on precedent-setting cases.
> Successful application to strike out an appeal to the Court of Appeal as an abuse of processThe Vintage Aviator Ltd v DeMarco  NZHC 3096
> Favourable resolution of complex issues of fraud based subrogation to securities and tracingWulff v DeMarco  NZHC3110
> Successful acceptance of client’s position on ownership interests in vintage aircraft and company shareholdingOfficial Assignee v Yarrow  NZHC 2594
> Successful application for asset preservation orders pending determination of ‘clawback’ recoveries actionRe Harman, ex parte Official Assignee  NZHC 101
> Successful argument for reducing compensation for breach of directors’ duties from $22m initially claimed to $6mAuckland Steel Fixers Ltd (In Liquidation) v Watson  NZAR 864
> Successful appeal to the Court of Appeal against High Court declination to grant asset preservation ordersChean v De Alwis  NZCA 20
> Successful enforcement of client’s rights and remedies under the Securities Act 1978
Partner since 2011
LLM (Hons), University of Auckland, 2004
LLB, University of Otago, 2000
Admitted as NZ Barrister and Solicitor, 2002