Mark Swan
Mark Swan is an employed barrister advising and representing clients on a wide range of civil, commercial and insolvency litigation matters predominantly in the High Court but also in the District Court and Court of Appeal.
In addition to working closely with Rob Hucker on complex trials and matters, Mark acts for numbers of clients referred to him directly and has appeared regularly as lead counsel.
Some of his experience is noted below. Copies of the court decisions can be accessed through the hyperlink or can otherwise be made available on request.
In addition to working closely with Rob Hucker on complex trials and matters, Mark acts for numbers of clients referred to him directly and has appeared regularly as lead counsel.
Some of his experience is noted below. Copies of the court decisions can be accessed through the hyperlink or can otherwise be made available on request.
Regularly representing insolvency practitioners in applications necessary for their day-to-day operations – JONES and KHOV v TYRELL [2021] NZHC 3084 [16 November 2021]
Successfully obtaining orders against a law firm requiring the production of trust account documentation for company liquidators to discharge their duties - CONCRETE STRUCTURES LTD v NMHB LTD (IN LIQ) [2020] NZHC 1218 [4 June 2020]
Obtaining urgent court orders (sometimes on an ex-parte basis and others after a defended hearing) for property development companies seeking the removal of caveats on land titles – KSB Capital Limited v Gao & Anor, Birdwood Rodney Trustee Limited v Blue Moon Limited - BIRDWOOD RODNEY TRUSTEE LTD v BLUE MOON LTD [2022] NZHC 23 [18 January 2022]
Acting in contentious bankruptcy matters (developing the law on implied stays in bankruptcy proceedings) – ROBERTSON BIXLEY LTD v JOLLY [2022] NZHC 286 [27 February 2023]
Obtaining acquittals for Directors accused of serious criminal breaches of the companies act – MBIE v Chen NZDC 2024 (decision available on request)
Obtaining New Zealand registration of Foreign Judgments for enforcement purposes – THE CROSSLE CAR COMPANY LIMITED v FITZPATRICK [2024] NZHC 2064 [26 July 2024]
Successfully obtaining orders setting aside decisions of the Inland Revenue declining financial relief to corporate taxpayers – WATERGATES NZ LTD v THE COMMISSIONER OF INLAND REVENUE [2024] NZHC 1128 [8 May 2024]
Acting in contentious cross-border insolvency matters (which necessitated admission as counsel to act in the High Court of Suva in Fiji) – GRIFFITHS v ISLAND GRACE (FIJI) LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) [2023] NZCA 627 [7 December 2023]
Obtaining urgent interim orders restraining a large aged care service provider from proceeding with a property sale order – NEW ZEALAND AGED CARE SERVICES LIMITED v PAUNA & ANOR [2023] NZHC 3214 [14 November 2023]
Successfully seeking a dismissal of an appeal against a decision of the District Court for the recovery of loan funds – HOSKING TRAILERS LTD v HT 2017 LTD [2021] NZHC 3559 [21 December 2021]
Obtaining Court approval of creditor compromise proposals and corporate schemes of arrangement – Re Brown [2020] NZHC 1131
Obtaining leave for further discovery orders against an NZX listed company following a defended hearing – DGL MANUFACTURING LTD v RODNEY WAYNE SIMMONDS [2023] NZHC 607 [27 March 2023]
Email Mark: Mark@huckerlaw.com or swanlegal@outlook.com
Phone Mark: 027 561 4321
Successfully obtaining orders against a law firm requiring the production of trust account documentation for company liquidators to discharge their duties - CONCRETE STRUCTURES LTD v NMHB LTD (IN LIQ) [2020] NZHC 1218 [4 June 2020]
Obtaining urgent court orders (sometimes on an ex-parte basis and others after a defended hearing) for property development companies seeking the removal of caveats on land titles – KSB Capital Limited v Gao & Anor, Birdwood Rodney Trustee Limited v Blue Moon Limited - BIRDWOOD RODNEY TRUSTEE LTD v BLUE MOON LTD [2022] NZHC 23 [18 January 2022]
Acting in contentious bankruptcy matters (developing the law on implied stays in bankruptcy proceedings) – ROBERTSON BIXLEY LTD v JOLLY [2022] NZHC 286 [27 February 2023]
Obtaining acquittals for Directors accused of serious criminal breaches of the companies act – MBIE v Chen NZDC 2024 (decision available on request)
Obtaining New Zealand registration of Foreign Judgments for enforcement purposes – THE CROSSLE CAR COMPANY LIMITED v FITZPATRICK [2024] NZHC 2064 [26 July 2024]
Successfully obtaining orders setting aside decisions of the Inland Revenue declining financial relief to corporate taxpayers – WATERGATES NZ LTD v THE COMMISSIONER OF INLAND REVENUE [2024] NZHC 1128 [8 May 2024]
Acting in contentious cross-border insolvency matters (which necessitated admission as counsel to act in the High Court of Suva in Fiji) – GRIFFITHS v ISLAND GRACE (FIJI) LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) [2023] NZCA 627 [7 December 2023]
Obtaining urgent interim orders restraining a large aged care service provider from proceeding with a property sale order – NEW ZEALAND AGED CARE SERVICES LIMITED v PAUNA & ANOR [2023] NZHC 3214 [14 November 2023]
Successfully seeking a dismissal of an appeal against a decision of the District Court for the recovery of loan funds – HOSKING TRAILERS LTD v HT 2017 LTD [2021] NZHC 3559 [21 December 2021]
Obtaining Court approval of creditor compromise proposals and corporate schemes of arrangement – Re Brown [2020] NZHC 1131
Obtaining leave for further discovery orders against an NZX listed company following a defended hearing – DGL MANUFACTURING LTD v RODNEY WAYNE SIMMONDS [2023] NZHC 607 [27 March 2023]
Email Mark: Mark@huckerlaw.com or swanlegal@outlook.com
Phone Mark: 027 561 4321
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