recognised leaders in the development of the law of negligence
Heaney & Partners appear before various statutory tribunals, disciplinary bodies - as well as all courts.
Paul Robertson and Frana Divich together with senior counsel, acted for the council in an appeal to the Supreme Court. They were successful in overturning the Court of Appeal’s judgment on fraudulent concealment for the purposes of limitation and defended the finding that the council had not committed misfeasance in public office because its conduct had not been deliberate. The successful limitation defence means that the majority of the damages awarded were set aside and the respondent was ordered to pay costs to the council.
Frana Divich successfully defended the Greater Wellington Regional Council (the Council) from an application by a third party that a preliminary question be determined in advance of the trial.
Sarah Macky acted for Christchurch City Council (the Council) and successfully defended a summary judgment application brought by a third party architect seeking to remove itself from the claim.
Kent Perry and John Tian acted for the Bay of Plenty Regional Council (the Council) and successfully resisted an application for representative action on an “opt out basis”.
Following success in the High Court the claim against Hastings District Council (the Council) was struck out and summary judgment entered for it.
Kent Perry and John Tian, acting for the Hastings District Council (the Council), successfully applied to strike out claims made by the plaintiff developer.
Paul Robertson acted for a School Board of Trustees and Principal and successfully resisted an application by a 6 year old child’s mother, to be appointed his litigation guardian.
In PETERS V MARLBOROUGH FREE KINDERGARTEN ASSOCIATION [2024] NZERA 549 we acted for the employer. Their employee was investigated for misconduct.
The High Court rejected an application by a supporter of several students to be their ‘litigation guardian’ in this High Court decision.