Lynne Van



Partner


lynne.van@ah.co.nz

+64 9 920 9261

+64 21 488 828

Auckland

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.


Key Transactions

Acted for:

  • The receivers of a restaurant franchise with over 30 stores in New Zealand.
  • The parent of a multinational construction company to resolve a liquidator's claim in excess of $3m.
  • BankWest, as junior counsel, 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.
  • A Kiwisaver provider to oppose an application for the release of Kiwisaver contributions to satisfy a judgment debt.
  • A range of trading entities in debt recovery matters, including subsidiaries of NZX listed companies.
  • An interested party in the Māori Land Court, in an application by Patricia Grace to have land designated a Maori Reserve under the Te Ture Whenua Maori Act 1993.
  • A multinational construction company to enforce construction bond.

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.
  • An injunction for Head Contractor to prevent removal of equipment and assets from New Zealand by subcontractor.
  • 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.


Directories

  • Asia Pacific Legal 500, Rising Star, 2020-2021
  • Chambers and Partners, 2021


Credentials

Bachelor of Laws (LLB), Bachelor of Arts (BA), University of Auckland

Master of Laws (LLM), (Hons), University of Auckland

Bachelor of Science (Bsc) (Pharmacology), University of Auckland


Admission to the Bar

New Zealand, 2008


Professional Memberships

Restructuring Insolvency and Turnaround Association of New Zealand Incorporated (RITANZ), Member

New Zealand Credit and Finance Institute, Member

Women in Restructuring and Insolvency, Committee Member (Auckland)


Contributed Articles