Claire Mansell

Legal Staff

Litigation / Employment

DDI:+64 9 300 7617

Email:ccm@martellimckegg.co.nz

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Capabilities

Litigation
Employment relations
Insolvency
Trust and estate litigation

Claire is an associate in the firm's litigation team. She has a wide area of practice which includes civil litigation, employment and insolvency.

Claire has appeared in court at all levels, including the Supreme Court and the Court of Appeal. She regularly represents corporate and individual clients in the District and High Courts.

Clients appreciate Claire's professionalism, approachable manner and practical and efficient way in which she deals with their concerns.

Civil litigation

Claire has a range of experience dealing with civil litigation matters, ranging from property to commercial disputes. This usually involves advising clients on their legal rights, negotiated with the other side and if necessary representing clients in the Court process.

Insolvency and Creditors Remedies
Claire has extensive experience in the area of insolvency.  Claire appears in court on behalf of liquidators for current account matters, voidable transactions and other litigation matters arising out of liquidations.
Claire works closely with some of New Zealand's leading liquidators and receivers. She also assists companies and individuals dealing with insolvency issues.

Insolvency and Creditors Remedies

Claire has extensive experience in the area of insolvency. Claire appears in court on behalf of liquidators for current account matters, voidable transactions and other litigation matters arising out of liquidations.

Claire works closely with some of New Zealand's leading liquidators and receivers. She also assists companies and individuals dealing with insolvency issues.

Examples of work
  • Appeared as counsel at the Supreme Court in the leading case regarding the status of outstanding PAYE on liquidation
  • Represented some of New Zealand's leading liquidators in voidable transactions and outstanding shareholders' current account cases
  • Successful argument in the High Court regarding uncompleted execution processes on liquidation
  • Advising and acting for landlord's when tenants are placed in receivership or liquidation
  • Providing advice regarding director's duties

Employment Relations

Claire's employment law experience includes advising clients on redundancies, dismissals, serious misconduct, personal grievances, restraints of trade and their rights and obligations under the Employment Relations Act.  She represents both employers and employees at Department of Labour mediations, the Employment Relations Authority and the Employment Court. Claire has particular experience advising both employers and employees in the software industry.

Examples of work
  • Obtained an injunction against employee who had stolen funds from employer
  • Successful in arbitration regarding a dispute with contractors regarding breach of restraint of trade
  • Advises multinational companies on employment matters.
  • Advised on large scale redundancy situations
  • Represented senior employees in exit negotiations
  • Dealt with highly sensitive sexual harassment and bullying matters

Testimonials

"Claire recently represented us in the Employment Relations Authority. She presented our case with professionalism and backed up her arguments with documents. We greatly appreciate all her efforts and the support of her team." Greg and Marguerite Harrington

Recent cases

Jennings Roadfreight Limited (In Liq) v Commissioner of Inland Revenue

Vincent v Lakes International Golf Management Limited

Memberships

RITANZ - Restructuring Insolvency and Turnaround Association of New Zealand
ADLSi pro bono assistance scheme
AWLA - Auckland Women's Lawyers Association

Biography

Claire studied at Victoria University - BA in Sociology and LLB. She graduated in 2008 and was admitted in 2009.

Recent Articles


Related companies stung by application to claw back voidable payments

Court of Appeal offers more certainty to creditors

Former employee has her cake and eats it too

Good news for contractors; bad news for liquidators

The morning after the night before

Lifting the corporate veil - a cautionary tale for directors of parent companies

The top four reasons you need a good litigation lawyer

Supreme victory for liquidators and employees - Jennings Roadfreight v Commissioner of Inland Revenue

Helping hands helping themselves - what to do if an employee steals from you