James specialises in dispute resolution, particularly in relation to insurance and insolvency. He regularly advises on a range of issues including: professional liability (solicitors, accountants, engineers, real estate agents, architects, valuers),director liability, general liability, insurance policy response, shareholder disputes, company liquidation, voluntary administration and receivership, debt recovery, guarantees, personal bankruptcy, security enforcement and priority issues,  credit and finance, and franchise law.

James has a Master of Laws (LLM) with First Class Honours and a Bachelor of Arts from the University of Auckland.


Contact details

 

DDI | 09 373 0056
Email | james.cochrane@FeeLangstone.co.nz
Legal Secretary | Sherryn Flower
Legal Secretary’s DDI | 09 366 5803
Legal Secretary’s Email | mailto:sherryn.flower@feelangstone.co.nz


Work highlights

  • Significant recovery for creditors via an action on behalf of liquidators to set aside charges as voidable.
  • Advising an interested party in respect of the Commission of Inquiry into the Whey Protein Concentrate Contamination Incident (2014).
     
  • Cross-border insolvency advice to Australian liquidators regarding recognition of a foreign liquidation.
     
  • Working with the legal counsel of a publically listed food and beverage franchise on a range of commercial and litigation matters.
  • Commercial and litigation advice to the Master Franchisee of a cleaning franchise JAN-PRO New Zealand.
     
  • Advice to a debt collection company in relation to recovery of debts and enforcement of personal guarantees.
     
  • At his previous firm, he assisted in providing insolvency advice to a multinational accountancy practice as liquidators of a construction company, and advised receivers, primarily regarding PPSA priority issues, in relation to the receivership and voluntary administration of a printing company.
     
  •  Reported decisions include:

    Westpac New Zealand Limited v Cooper (2010) 20 PRNZ 568 a successfully opposed summary judgment application concerning the liability of a guarantor under a personal guarantee.

    New Zealand Institute of Chartered Accountants v Clarke [2009] 3 NZLR 264 – a successful appeal by NZICA against District Court decision dismissing charge against Clarke of an offence under the Institute of Chartered Accountants of New Zealand Act 1996 and involving questions of privilege under the Evidence Act 2006.

    Simpson v Reymer Contracting Limited [2008] NZCCLR 17 an early case on priority of security interests under the Personal Property Securities Act 1999.

Presentations

  • James has presented seminars to groups including the New Zealand Credit Finance Institute (NZCFI) and the Employers’ and Manufacturers’ Association (EMA).

Professional associations

  • New Zealand Law Society

  • New Zealand Insurance Law Association (NZILA)

  • Vice President of the Auckland Committee for the New Zealand Credit Finance Institute (NZCFI)

  • Restructuring & Turnaround Association of New Zealand (RITANZ) (formerly INSOL)