Disputes and litigation

We pride ourselves on quickly establishing the facts that lie at the heart of commercial disputes, synthesising that data and evaluating the consequential damage or loss suffered.

Our forensic accounting experts help you navigate the complexities of quantifying financial loss and will communicate solutions to complex technical issues in easy-to-understand language. 

We understand the stresses and pressures associated with litigation and the importance of keeping you informed throughout the dispute. We tailor our services to your needs and proactively manage each engagement to deliver accurate, timely and cost effective reports.

Experts services

We are experienced in providing a wide range of independent and consulting expert services and have given expert witness testimony across a broad spectrum of commercial disputes and litigation, including:

  • Breach of contract and competition law disputes
  • Business interruption insurance claims
  • Family Law
  • Fraud investigations
  • Insolvent trading actions
  • Intellectual property disputes
  • Post-acquisition / shareholder disputes
  • Shareholder oppression
  • Valuation

 

CASE STUDIES

Property finance group

The board of one of New Zealand’s largest property finance groups appointed BRI Ferrier to prepare a special forensic report. This was in response to an investigation initiated by the New Zealand Securities Commission regarding alleged representations and disclosures made by the board to its investors. Following our investigation, the Commission decided not to proceed with criminal proceedings against the directors.

Hanover Group

Two entities owned by the New Zealand-based Hanover Group – Hanover Finance and United Finance – raised funds by issuing debentures to the public. They then lent the funds to a range of borrowers. After the Hanover Group announced a moratorium on the repayment of existing deposits, several New Zealand regulatory bodies investigated matters related to the Hanover entities’ liquidity, compliance with prospectuses and corporate governance. The entities and a director engaged BRI Ferrier to provide an independent expert report and opinions on specific questions related to the matters under investigation. Our thorough analysis proved useful to the group in its negotiations with the regulatory bodies.

Hornibrook v Gordian Runoff

BRI Ferrier was engaged as an expert witness in a dispute between Hornibrook and Gordian Runoff, an insurance company, with regard to the responsibility for $60 million of defects in the third runway at Sydney Airport. Acting on behalf of Gordian, BRI Ferrier undertook forensic research. As a result, $140 million of the $150 million claim was withdrawn from proceedings.

Melaleuca Estate

BRI Ferrier was engaged as an expert witness in a matter involving Melaleuca Estate Pty Ltd, a residential developer on the mid north coast of NSW. The local council was in litigation with Melaleuca Estates with respect to unresolved drainage issues affecting the site. The matter was subsequently settled.

Individual v Commonwealth Estate

BRI Ferrier was engaged as an expert witness in a matter between the Commonwealth Bank and an individual who had provided personal guarantees to a restaurant that had been placed into liquidation and sold. The bank pursued the individual for the outstanding balance owed. We assessed the value of the restaurant and concluded that it had been sold at maximum value. The matter was settled under confidential terms.

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