Rachel Pinny
General Background
Rachel is an experienced litigator with over 17 years’ experience in general commercial litigation.
Rachel has acted for clients in a wide range of general commercial and regulatory matters. She has particular expertise in banking and finance litigation and insolvency and regularly acts for banks, liquidators, receivers and administrators, including in some of New Zealand’s most complex insolvencies. She has previously been seconded to the recovery team of a major bank, advising on how to resolve complex files.
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She also regularly advises clients on all aspects of consumer law and regulatory investigations and has previously been seconded to the Commerce Commission’s legal team to advise on general consumer and consumer finance investigations and prosecutions.
Rachel is also an Adjunct Lecturer for the Law Faculty at Victoria University. Rachel was admitted in 2003 and joined the independent bar in 2018, after eight years as a Senior Associate at Bell Gully.
Experience
# General commercial litigation
Acting for a major bank in successfully obtaining an order striking out proceedings brought by a former customer against it seeking damages of in excess of $80 million. (Thurston v ANZ Bank New Zealand Limited [2017] NZHC 3269)
Acting for a major bank in successfully opposing an application by a customer for an interim injunction preventing a mortgagee sale of a property and obtaining orders striking out the proceeding. (Jenkins-Davies v ANZ Bank New Zealand Limited [2014] NZHC 114)
Advising and acting for banks in a wide range of banking matters including debt recovery, recovery of mistaken payments, consumer finance compliance, fraud and litigation against negligent valuers and solicitors.
# Insolvency
Acting for PwC as the receivers, and subsequently liquidators of Ross Asset group of companies and related companies on a wide range of matters since November 2012. Ross Asset Management was operating the largest known Ponzi scheme in New Zealand's history. This included appearing as junior counsel in a precedent setting case against a former investor in order to claw back fictitious profits paid to him and, following a successful outcome in that case, advising the liquidators on over 200 clawback claims against other former investors in Ross Asset Management. Appearing as junior counsel in an application by the liquidators to the High Court for directions on a number of novel and complex issues arising in the context of distributing the assets in the liquidation. (Fisk v McIntosh [2015] NZHC 1403; (2015) 11 NZCLC 98-033; Re Fisk [2018] NZHC 2007)
Appearing as junior counsel for the receivers of Ebert Construction Limited (in receivership and liquidation) in a landmark case addressing how the new retentions regime under the Construction Contracts Act 2002 applied in an insolvency. (Bennett v Ebert Construction Limited (in rec and liq) [2018] NZHC 2934)
Following the disaster at the Pike River mine, acting for PwC as receivers of Pike River Coal Limited on various matters arising out of the receivership including as junior counsel in successfully obtaining relief from cancellation of an integral lease of land. (Pike River Coal Limited (in receivership) v O'Malley Farming Limited (HC, Wellington, CIV 2011-418-66, 14 October 2011, Williams J)
Acting for various other clients on numerous insolvency related matters including statutory demands, voidable transactions and priority disputes.
# Regulatory matters and inquiries
Advising a bank in a Commerce Commission investigation into whether there had been consumer credit disclosure breaches.
Advising Talent2 NZ Limited, the national payroll provider for all schools in New Zealand, on matters relating to the Novopay project. This involved advising on various contractual issues, communication regarding post implementation issues and acting for Talent2 in the Ministerial Inquiry as to the Novopay issues.
Professional Activities
Adjunct lecturer, Civil Procedure, Victoria University of Wellington (2019)
Member, Restructuring, Insolvency and Turnaround Association of New Zealand (RITANZ)
Member, New Zealand Bar Association
August 2018 to present – Barrister, Thorndon Chambers
February 2011 to August 2018 - Senior Associate, Bell Gully
November 2007 to October 2010 - Dundas & Wilson CS LLP (now CMS Scotland), Edinburgh.
January 2003 to June 2007 - Bell Gully, Wellington.
Publications and Seminars
Co-author and presenter NZLS Seminar: Business Insolvency Update (2019)
Author and presenter: NZLS Construction Law Intensive: Insolvency in the Construction Sector (2019)
Co-author and presenter NZLS Seminar: Creditors Remedies (2013)
Qualifications
2002: LLB (Hons – First Class) / BA (Criminology) Victoria University of Wellington.
