Sean McAnally

Primary Areas of Practice

Commercial litigation with particular emphasis upon corporate insolvency, company dispute and in other areas including property, professional regulation, trusts and securities.

Profile

Sean first worked as a judge’s clerk at the High Court in Wellington before commencing private practice as a civil and criminal litigator with the leading law firm in the Cook Islands.

He joined KA in 2001 during which time he has been involved in many aspects of civil litigation including administrative law, relationship property, defamation, contractual disputes and tortious claims. He has developed particular interest and expertise in company matters and acts extensively for liquidators and receivers and has appeared in most courts and a number of specialist tribunals.

Recent cases

Green Meadow Holdings ApS v Sargison [2018] NZHC 2216 – successful application to strike out involving question of priorities between members and creditors of an insolvent building society.

Professional Conduct Committee of the Nursing Council of New Zealand v Napier (HPDT, 18 June 2018) defence of charges relating to misappropriation of funds.

W v W (Court of Appeal, Cook Islands) contested application for leave to appeal to the Privy Council.

General Finance Ltd v Serepisos [2018] NZHC 541 enforcement action by a mortgagee concerning the duty of a mortgagee exercising its power of sale to obtain the best price reasonably obtainable at the time of sale.

W v W (Court of Appeal, Cook Islands) matrimonial property litigation involving complex trust and company structures.

Napier v Waimana Investments Ltd [2017] NZHC 265 interim injunction application raising the complex doctrine of marshalling.

Napier v Torbay Holdings Ltd [2017] NZAR 108 (CA) appeal against High Court findings involving detailed analysis of the elements of the cause of action for money had and received.

Aronui Ko Huiarau Trust Board v Harris [2015] NZHC 2911 an application for possession of land in the hands of a “squatter”.

New Zealand Mint Ltd v Greys Avenue Investments Ltd [2015] NZHC 2828 an application to strike out a claim based on the trigger of a right of first refusal found in a commercial lease.

SE Swiss Entrepreneur AG v Kiwi Deposit Building Society [2015] NZHC 1851 an application to amend a statement of defence and counterclaim in the context of complex litigation involving the dissolution of a building society, unauthorised overdraft lending and the conduct of the directors of the building society.

Texts and Articles

Contributing author, Brookers District Court and Tribunals.

“Judicial Modernisation Bill 2013” [2014] 4 Law News 3.
“Voidable Preferences – unclear issues” (2013) 204 NZ Lawyer 14.
“Litigation Funding” [2012] NZLJ 361.
“Enforceability of Foreign Laws” [2002] NZLJ 223.
“Extrinsic Guides to Statutory Interpretation” [2000] NZLJ 51.
“The Crown in Counsel and Ultra Vires” [2000] NZLJ 37.
“The Penalty for Murder” [1998] NZLJ 420.

Seminars / Papers

NZLS CPD (July 2018) : Costs in Civil Litigation