Cameron James Laing

Specialising in commercial litigation, insolvency and restructuring. Experience to date includes:

• Acting for Alvarez & Marsal (Europe) LLP as administrators of one of the United Kingdom's most prolific classic car companies, JD Classics Limited . Tasks included: preparing statements of case in respect of claims against directors, auditors, and third parties who provided false debtor confirmations; managing large-scale document discovery; advising on equitable tracing claims and bankruptcy adjudication applications; preparing witness statements, correspondence and submissions; liaising with experts and reviewing their reports (audit negligence, classic car valuation).
• Acting for Alvarez & Marsal (Europe) LLP as administrators of NMC Health PLC and its subsidiaries, the UAE's largest private healthcare provider. Tasks included: preparing advice regarding, and effecting, the redomiciliation of all of the NMC group companies to the Abu Dhabi Global Market; advising on all aspects of the group's administration; advising on the group companies and deed administrators' obligations under and compliance with, deeds of company arrangements; and preparing various administration extension applications (Re NMC Healthcare Ltd [2020] ADGM CFI0008)
• Acting for PCP Capital Partners LLP, a private equity firm, in a civil fraud claim against Barclays Bank Plc valued at over £1bn. Tasks included: preparing particulars of claim, drafting various correspondence regarding third-party disclosure privilege issues, preparing witness statements, assisting in the preparation of various skeleton arguments, and preparing various comprehensive legal research memoranda (PCP Capital Partners LLP & Anor v Barclays Bank PLC [2021] EWHC 307 (Comm)).
• Acting for Lionsgate LBE, Inc in an international arbitration valued at £13mn concerning the proper interpretation of a motion picture licencing agreement. Tasks included preparing a request for arbitration and comprehensive legal research regarding various topics.
• Acting for Qualcomm Incorporated defending a class action brought against it by the United Kingdom Consumers' Association valued at over £480m. Tasks included: assisting in the preparation of a high complex statement of defence, various third party disclosure applications, preparing correspondence and witness statements.

Solicitor specialising in commercial litigation, insolvency and restructuring. Experience included:

• Acting for New Zealand's largest EFTPOS payment company in defending proceedings alleging anti-competitive conduct and abuse of market power in the national payments industry. Tasks included: drafting a highly complex statement of defence, preparing various memoranda, managing large scale document discovery, and assisting in the preparation of expert evidence (CIV-2016-404-2872: Payment Express Limited v Paymark Limited)
• Acting for Sir Peter Jackson's vintage aircraft company in proceedings relating to the sale of goods, conversion of three vintage aircraft, security enforcement and the recovery of a multi-million dollar loan facility. Tasks included: preparing a statement of claim, notice of proceeding, initial disclosure bundle, interlocutory application for freezing orders, supporting affidavits and submissions; managing an inter-pleader proceeding; and managing large-scale document discovery
• Acting for liquidators in: claims against directors, voidable transaction clawbacks, transaction at undervalue recoveries, and setting aside related-party security. Tasks included preparing statements of claim, interlocutory applications for summary judgment, notices of proceeding, evidence, various memoranda and submissions
• Acting for one of New Zealand's largest peer-to-peer lending companies in relation to potential breaches of the Credit Contracts and Consumer Finance Act 2003 and investigations by New Zealand regulatory agencies including the Commerce Commission and the Financial Markets Authority
• Managing multiple High Court litigation proceedings on behalf of New Zealand's statutory natural disaster insurer, the Earthquake Commission, in relation to damaged residential properties. Tasks included preparing statements of defence, initial disclosure bundles, affidavits of documents; document discovery; reviewing and amending expert evidence; preparing submissions; and attending judicial settlement conferences
• Acting for the Earthquake Commission defending proceedings alleging breach of statutory duty and negligence. Tasks included preparing a complex statement of defence, various memoranda, undertaking comprehensive legal research regarding the existence of a duty of care and contributory negligence
• Advising New Zealand's largest telecommunications infrastructure provider, Chorus New Zealand Limited, on compliance with various provisions of the Privacy Act 1993 and its submission on the Telecommunications (New Regulatory Framework) Bill
• Acting for one of New Zealand's largest travel agencies, Flight Centre (NZ) Limited, in relation to a dispute concerning deferred consideration payable in respect of its acquisition of a national travel agency. Tasks included preparing: a statement of defence, various memoranda
• Successfully representing a limited liability company in claims against its accountant regarding the provision of negligent advice concerning the associated persons provisions of the Goods and Services Tax Act 1985
• Advising Westpac New Zealand Limited on the potential impact of various corporate insolvency procedures in relation to its 2018 annual covered bond prospectus

Solicitor specialising in commercial litigation, insolvency and restructuring. Experience included:

• Successfully representing an ad-hoc group of creditors in setting aside an improperly obtained creditors' compromise. Tasks included preparing: a statement of claim; notice of proceeding; various memoranda; briefs of evidence; submissions; and appearing in the High Court of New Zealand in relation to the recovery of expert evidence fees and resisting a stay application pending appeal (Advicewise People Limited & Ors v Trends Publishing International Limited [2016] NZHC 2119; [2016] NZHC 3000; [2017] NZCA 365; [2018] NZSC 62)
• Acting for one of New Zealand's largest mortgage franchisors in proceedings relating to the enforceability of restraints of trade entered into between it and its franchisees. Tasks included preparing an interlocutory application for an injunction, supporting affidavits, undertaking comprehensive legal research regarding the enforceability of restraints of trade, managing large scale document discovery, and assisting in the preparation of evidence and submissions (Mike Pero (New Zealand) Ltd v Heath [2015] NZHC 2040)
• Acting for a number of New Zealand's leading accounting companies as receivers in the resolution of complex personal property security priority disputes
• Advising on the full range of insolvency assignments including liquidations, receiverships, voluntary administrations, creditors' compromises, and personal bankruptcies (including preparing deed of appointment and consent to act documentation)
• Successfully representing judgment creditors in the High Court of New Zealand in relation to bankruptcy adjudication applications. Tasks included preparing: statements of claim, notices of proceeding, interlocutory applications for summary judgment, affidavits, bankruptcy notices and summons to debtors
• Successfully representing liquidators in claims against company directors for breaches of their duties and proceedings against shareholders for the recovery of current account debts. Tasks included: comprehensive legal research regarding directors' duties, preparing: statements of claim; notices of proceeding; interlocutory applications for summary judgment; various memoranda and submissions
• Acting for New Zealand's Accident Compensation Corporation in appeals concerning claimaints' eligibility to accident compensation cover (O v Accident Compensation Corporation [2017] NZACC 34). Tasks included reviewing legislative history and parliamentary materials, preparing and reviewing expert evidence, preparing submissions, appearing in the District Court of New Zealand
• Assisting a foreign bank in taking security from two New Zealand companies. Tasks included preparing a general security agreement over the subsidiary company's assets, a general security deed over the shares in the subsidiary held by the parent company, drafting a complex permitted disposals clause, and providing advice in relation to the enforceability of the security
• Acting for one of New Zealand's largest liquor suppliers, Independent Liquor (NZ) Limited, in a wide range of financing and restructuring transactions. Tasks included preparing: loan and supply agreements, deeds of novation amendment and restatement, deeds of guarantee and indemnity, and deeds of priority and subordination
• Assisting in the preparation of a highly complex legal opinion advising a foreign securities depositary on the application of New Zealand's insolvency laws in relation to securities held in New Zealand. Tasks included comprehensive research regarding equitable tracing principles and the application of personal property securities legislation, providing advice in relation to cross-border insolvency and the New Zealand Reserve Bank's crisis management powers
• Acting for the English trustees of a debtor's bankruptcy in relation to the recovery of assets located in New Zealand (Leeds & Wood v Richards & Anor [2016] NZHC 1191)
• Completing multiple security reviews for New Zealand's largest banks. Tasks included advising on the enforceability and priority of security interests, preparing new general and specific security agreements and deeds of priority and subordination, and advising on the application of the Companies Act 1993 in relation to the voidability of transactions and charges, and the initiation of liquidation
• General corporate advisory including the provision of advice on compliance with the: Companies Act 1993, Insolvency Act 2006, Personal Property Securities Act 1999, Insolvency (Cross-border) Act 2006, Anti-Money Laundering and Countering Financing of Terrorism Act 2009
• Co-authoring the New Zealand chapter of Herbert Smith Freehills' 2016 Asia-Pacific Guide to Insolvency, Turnaround and Restructuring
• Drafting annual updates for the preferential creditor and set-off chapters of Heath and Whale on Insolvency (New Zealand's leading insolvency text)

• Summer internship with rotations in the corporate and litigation teams