Litigation support

BRI Ferrier helps clients to develop strategies and decide whether to pursue litigation or negotiate a settlement.

We understand the importance of keeping our client’s legal team informed throughout litigated disputes. We look beyond the numbers to uncover the issues and provide an independent review of facts. We also help our clients with complex litigation involving contract disputes, liability analysis and business valuations.

Our work includes appointments as an independent accounting expert witness, a court-appointed referee and a consulting accounting expert.

 

CASE STUDIES

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 versus 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 As a result, $140 million of the $150 million claim was withdrawn from proceedings.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 versus Commonwealth Bank

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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