A search of the Westlaw NZ database indicates that since 1980, Jack Hodder has been counsel in over 600 cases that had resulted in judgments being issued by the High Court, Court of Appeal and Supreme Court of New Zealand. That number includes many interlocutory and/or procedural matters but also includes numerous major trials and appeals across the range of commercial, regulatory and public law issues. (That number also excludes Privy Council cases, arbitrations and of course those matters which did not result in the commencement of litigation or its pursuit to any delivered judgment.)
RECENT CASES
Notes on a reverse chronological selection of judgments in which jack hodder Kc has been a leading counsel since 2012 follow:
2024
LMCHB Ltd v Buller Coal Ltd [2024] NZCA 672
Contract – Interpretation – Implication of terms – Deed of guarantee with sale and purchase agreement – Whether liability under guarantee crystalised and performance payment due – Anti-discharge clause – Previous proceedings – Abuse of process
[JEH represented Buller Coal Ltd and Bathurst Resources Ltd]
Whakatōhea Kotahitanga Waka (Edwards) v Ngāti Ira o Waioweka [2024] NZSC 164
Marine and Coastal Area (Takutai Moana) Act – Test for an award of customary marine title – “Holds … in accordance with tikanga” – Exclusive use and occupation – Substantial interruption – Extinguishment
[JEH represented Landowners Coalition Inc]
Fletcher Construction Co Ltd v Chubb Insurance New Zealand Ltd [2024] NZHC 3567
Declarations – Interpretation of insurance policy – Third party liability insurance – Indemnity clause
[JEH represented Fletcher Construction Co Ltd]
Casata Ltd v Minister for Land Information [2024] NZCA 592
Public Works Act – Proper approach to the assessment of “full compensation” or “compensation for any disturbance to [the owner’s land]” – Ability to claim compensation for loss attributable to the inhibiting effect of proposed acquisition during shadow period
[JEH represented Casata Ltd]
Fletcher Construction Co Ltd v Xam Ltd [2024] NZHC 3156
High Court Rules – Application to adjourn trial – Whether trial should be adjourned because some of the plaintiff’s claimed losses have not yet crystallised
[JEH represented Fletcher Construction Co Ltd]
Cridge v Studorp Ltd [2024] NZCA 483
Negligence – Misleading or deceptive conduct – Product liability – Class action – Leaky buildings
[JEH represented Studorp Ltd and James Hardie New Zealand Ltd]
Winton Land Ltd v Kāinga Ora—Homes and Communities [2024] NZHC 2768
High Court Rules – Discovery – Whether there is a blanket continuing obligation to provide updating discovery – Whether tailored discovery order in this case limited the date range for discovery
[JEH represented Kāinga Ora—Homes and Communities]
Fletcher Building Nominees Ltd v Fletcher Building Ltd [2024] NZHC 2481
Financial Markets Conduct Act – Superannuation scheme – Approval of court for amendments to trust deed governing superannuation scheme
[JEH represented Fletcher Building Ltd]
Simons v ANZ Bank New Zealand Ltd [2024] NZCA 330, [2024] 3 NZLR 485
Class action – High Court Rules – Senior Courts Act – Credit Contracts and Consumer Finance Act – Jurisdiction of High Court to make a common fund order – Whether representative order should be made on opt-in or opt-out basis – Scope of representative orders
[JEH represented ASB Bank Ltd]
Fletcher Construction Co Ltd v MPM Waterproofing Services Ltd [2024] NZHC 1122
High Court Rules – Split trial – Whether trial concerning negligence and contract claims should be split into two stages (liability and quantum)
[JEH represented Fletcher Construction Co Ltd]
2023
Inguran, LLC v CRV Ltd [2023] NZHC 3692
Patents Act – Interim injunction to prevent defendants’ continued deployment of technology allegedly infringing plaintiffs’ New Zealand patents – Whether New Zealand or Wisconsin is most appropriate forum for plaintiffs’ claim – Assumption of jurisdiction over foreign defendants
[JEH represented Inguran, LLC, Cytonome/ST, LLC and STGenetics New Zealand Ltd]
Re Edwards Whakatōhea [2023] NZCA 504, [2023] 3 NZLR 252
Marine and Coastal Area (Takutai Moana) Act – Customary marine title – Protected customary right – Tikanga Māori
[JEH represented Landowners Coalition Inc]
Hata v Attorney-General (No 2) [2023] NZHC 2919
Challenge to decisions leading to Treaty settlement as inconsistent with hapū tikanga – Principle of non-interference with parliamentary proceedings – Parliamentary Privilege Act – Whether preliminary questions should be determined in advance of trial
[JEH represented Hata and Rakuraku]
Yan v Mainzeal Property and Construction Ltd (in liq) [2023] NZSC 113
Companies Act – Directors’ duties – Reckless trading – Balance sheet solvency – Quantification of loss – Relief
[JEH represented Gomm, Shipley and Tilby]
Mercury NZ Ltd v Māori Land Court [2023] NZHC 1644
Judicial review – Te Ture Whenua Māori Act – Land Transfer Act – Jurisdiction of Māori Land Court – Māori customary title over riverbed land – Māori customary interests in water – Fiduciary claims over land – Indefeasibility – Tikanga
[JEH represented Mercury NZ Ltd]
Fletcher Construction Co Ltd v Chubb Insurance New Zealand Ltd [2023] NZHC 943
Summary judgment for declarations – Strike out – Interpretation of insurance policy
[JEH represented Fletcher Construction Co Ltd]
Pouākani Claims Trust v Attorney-General [2023] NZHC 1336
Judicial review – Declaratory Judgments Act – Whether easements were transfers of interests in land under State-Owned Enterprises Act – Whether easements should have memorials providing for resumption of land on recommendation of Waitangi Tribunal – Whether memorials could retrospectively be added to registered title – Indefeasibility
[JEH represented Mercury NZ Ltd]
Hata v Attorney-General [2023] NZHC 1255
Application for interim orders preventing the entering of a Deed of Settlement settling Treaty claims – Challenge to Deed of Settlement as inconsistent with hapū tikanga – Influence of tikanga on Crown’s decision-making powers – Principle of non-interference with parliamentary proceedings
[JEH represented Hata and Rakuraku]
Auckland Council v C P Group Ltd [2023] NZSC 53, [2023] 1 NZLR 35
Local Government Act – Judicial review of rating decisions – Challenge to decision to impose targeted rate – Error of law – Unreasonableness
[JEH represented Auckland Council]
LMCHB Ltd v Buller Coal Ltd [2023] NZHC 633, [2023] 2 NZLR 680
Contract – Interpretation – Deed of guarantee with sale and purchase agreement – Whether liability under guarantee crystalised and performance payment due – Previous proceedings – Abuse of process
[JEH represented Buller Coal Ltd and Bathurst Resources Ltd]
Metlifecare Retirement Villages Ltd v James Hardie New Zealand Ltd [2023] NZHC 333
High Court Rules – Presentation of expert evidence at trial – Departures from orthodox trial order – Natural justice
[JEH represented James Hardie New Zealand Ltd, Studorp Ltd, James Hardie NZ Holdings Ltd, RCI Holdings Pty Ltd, James Hardie Australia Pty Ltd, James Hardie Research Pty Ltd and James Hardie Industries PLC]
Timaru District Council v Minister of Local Government [2023] NZHC 244
Declarations – Local Government – Jurisdiction to grant declarations in respect of fundamental common law values and principles – Local Government’s role in democratic governance and accountability – Property rights of Local Government – Compensation for deprivation of property rights – Principle of non-interference in legislative process – Three Waters Reforms
[JEH represented Timaru District Council, Whangārei District Council and Waimakariri District Council]
Ngāti Whātua Ōrākei Trust v Attorney-General (No 5) [2023] NZHC 74
Declaratory relief – Formulation of declarations about ahi kā and mana whenua – Declarations about tikanga obligations in settling Treaty claims
[JEH represented Ngāti Whātua Ōrākei Trust, Te Rūnanga o Ngāti Whātua and Ngāti Whātua o Kaipara]