Barry is a specialist, highly skilled commercial mediator with a track record of successfully resolving a wide range of commercial and business disputes.
In complex and contentious scenarios Barry is able to deep dive to find out what the key issues are, step back and explain complicated positions in a manner that helps people understand one another’s position, and then guide them to the most effective settlement.
He is a Fellow of Chartered Accountants Australia and New Zealand, a Ministry of Primary Industries (MPI) Accredited Farm Debt Mediator, experienced insolvency practitioner and forensic accountant.
Barry is also an experienced public sector governance leader. In 2019, he was appointed by Hon. Chris Hipkins, Minister of Education, to Chair the Establishment Board of New Zealand Institute of Skills and Technology (NZIST).
“Your energy and commitment made a real difference, your team building skills turned a diverse group into an effective board, and I was one of many who benefitted from your open communication style.””
Areas where Barry can assist:
COMPANY AND SHAREHOLDER DISPUTES
Disputes relating to the operation and governance of companies, including shareholder disputes and directors’ duties issues.
“This is the first step forwards we’ve taken in 10 months! We’re very grateful for your support, perseverance and good humour – thanks to you, we finally feel we’re in a position to plan our future without a dispute hanging over our heads.” Managing Director, (Name & Company withheld)
CONVENING EXPERT WITNESSes
A ‘without prejudice setting’ to convene expert witnesses, distil the reasons for divergent expert evidence and narrow down the key issues.
As an example, Barry was appointed by the High Court in Kidd v Van Herren (CIV-2014-404-725) to convene expert witnesses located in New Zealand and South Africa and to assist the Court narrow the differences between the expert witnesses on complex accounting issues within the dispute.
FARM DEBT MEDIATIONS
An impartial and specialised process to help farmers and other primary producers and their creditors to work through debt issues. Barry is an authorised Ministry of Primary Industries Farm Debt Mediator.
“Thank you for your assistance with yesterday’s mediation.
We are very appreciative of your well-considered and balanced approach assisting the Bank and our customer towards reaching an agreed way forward”
Secured Creditor (Name & Bank withheld)
BUILDING AND CONSTRUCTION
Construction disputes including construction agreements, the Construction Contracts Act, weather tightness disputes and product liability.
Commercial property and leases
Disputes relating to ownership and use of commercial property.
Commercial and contract disputes
All types of commercial disputes involving individuals, partnerships, trusts and companies, whether based in contract or tort.
EXPERT DETERMINATION
Where parties to a commercial agreement require an independent party to assess financial and accounting matters in an underlying a dispute relating to that agreement and then provide a binding ruling.
FINANCIAL RESTRUCTURING AND INSOLVENCY
Cases involving or arising from situations involving the restructuring, liquidation, voluntary administration or receivership of companies (or bankruptcy of individuals), including matters raised with secured and unsecured creditors, receivers, liquidators and third parties such as insurers or regulators.
Insurance
Working with insurers, brokers, the insured and related parties in a wide variety of disputes concerning the interpretation of insurance contracts, as well as determining liability and quantum under those contracts.
Relationship and family property
Assisting parties with the financial and quantum aspects of relationship property and closely held family business disputes.
Trusts
Disputes concerning trusts, such as those relating to the obligations of trustees, and relationships between trustees and beneficiaries.
