James specialises in commercial dispute resolution. He regularly advises on a range of commercial issues including company liquidation, voluntary administration, receivership, debt recovery, guarantees, personal bankruptcy, security enforcement and priority issues, insurance and property disputes, and franchise law.


Contact details

 

DDI | 09 373 0056
Email | james.cochrane@FeeLangstone.co.nz
Legal Secretary | Brooke Hannington
Legal Secretary’s DDI | 09 366 5800
Legal Secretary’s Email | brooke.hannington@FeeLangstone.co.nz


Work highlights

  • 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 internal counsel to a major corporate on a range of commercial and litigation matters.
     
  • Advice to lawyers, accountants, valuers, real estate agents and directors in relation to professional liability claims.
     
  • Commercial advice to the master franchisee of a major franchise.
     
  • 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.
     
  •  Reporting 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

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

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