Lynne Van
Partner
- Lynne Van
- Partner
- Auckland
- Litigation | Insolvency & Corporate Recovery
Lynne’s areas of expertise include insolvency, property, securities enforcement and realisation, and recoveries. She has appeared in the Court of Appeal, High Court, District Court and the Maori Land Court on a range of commercial matters, including enforcement of construction bonds.
She regularly advises liquidators, receivers and private clients on a range of complex insolvency related matters including restructuring, breach of directors’ duties claims, voidable transactions and other preference claims.
She has substantial experience assisting parties with obtaining urgent relief (where appropriate) and has obtained orders for interim liquidations, injunctions and freezing orders.
Awards
- Lynne is ranked in the 2021 Chambers and Partners Directory who state she 'maintains a broad practice, within which contentious insolvency, property and securities enforcement issues feature particularly prominently. She has appeared at all levels of the New Zealand court system, attracting especially high praise for her handling of a recent Supreme Court case."
- Lynne is ranked as a 'Rising Star' in the 2020 - 2021 Legal 500 Asia Pacific Guides.
Experience
- Acting for the receivers of a restaurant franchise with over 30 stores in New Zealand.
- Successfully acting for the parent of a multinational construction company to resolve a liquidator's claim in excess of $3m.
- Successfully applied for recognition of trans-Tasman trustees in bankruptcy in New Zealand under the Insolvency (Cross-border) Act 2006. An order was granted entrusting the bankrupt’s assets in New Zealand to the Australian trustees. The application was novel as it was the first time the Cross-border Insolvency Act 2006 had been utilised to allow for the transfer of an interest in real property.
- Acting as junior counsel for BankWest, successfully opposing a creditors' compromise put forward by property developer, David Henderson. The bankruptcy of David Henderson was subsequently recognised in Australia on application by Australian solicitors acting for BankWest. The application was the first of its kind in Australia.
- Successfully acting for a Kiwisaver provider to oppose an application for the release of Kiwisaver contributions to satisfy a judgment debt.
- Acting in the Maori Land Court for an interested party in an application by Patricia Grace to have land designated a Maori Reserve under the Te Ture Whenua Maori Act 1993.
- Successfully acting for multinational construction company to enforce construction bond.
- Successfully obtained injunction for Head Contractor to prevent removal of equipment and assets from New Zealand by subcontractor.
- Successfully obtained orders for a Court directed transfer of secured property to a trans-Tasman mortgagee prior to marketing pursuant to new provisions under the Property Law Act 2007.
- Acting for a range of trading entities in debt recovery matters, including subsidiaries of NZX listed companies.
Credentials
- LLM (HONS), University of Auckland
- LLB/BA, University of Auckland
- BSC (Pharmacology), University of Auckland
Admitted
- 2008
Professional Associations
- Restructuring Insolvency & Turnaround Association of New Zealand Incorporated (RITANZ)
- Zealand Credit and Finance Institute
- Committee member of Women in Restructuring and Insolvency (Auckland)