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William McCartney

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BARRISTER

SOME RECENT CASES
 

Caveat
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Acted for a community garden which Crown wanted to eject from 0.7 hectares of Crown land in Auckland City. Lodged a caveat to protect the garden. Crown applied to have caveat removed. High Court ordered that caveat remain.  Under appeal.

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Construction​
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Acted for a building company sued for alleged defects in construction of apartment towers.

Body Corporate claimed damages of $40 million. Building company and council offered $19 million to settle. After 8 week trial in the High Court, Body Corporate was awarded damages of only $6 million.

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Subsequent appeals to Court of Appeal on liability, quantum and costs. Awaiting Court of Appeal's decisions.

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Construction​

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Acted for building company sued by four home owners. Settled all claims.

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Land​
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Acted for a previous owner of a house which was damaged when property subsided. Client was sued under warranties in sale and purchase agreement. Settled at mediation, with no contribution from client.
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Resource Management
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Acted for a dairy farm owner facing criminal charges for effluent spill. Pre-trial hearings resulted in most of the Crown's proposed evidence being ruled inadmissible. Crown eventually withdrew all charges. 

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Resource Management

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Acted for dairy farm owners to defend application for enforcement orders by Regional Council. Settled in full.  

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Sport

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Acted for athlete not selected for Paris Olympics. After a hearing, the Sports Tribunal directed the sports organisation to reconsider. Athlete was subsequently selected and went to Paris. 

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Sport

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Acted for athlete not selected for Paris Olympics by NZ Olympic Committee. Settled. Athlete was selected and went to Paris.

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