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Warren Pyke Barrister

Independent Professional Services

Warren offers independent, professional advice and representation.  If you have a civil dispute or appeal Warren can help you and your client now. See some of my past leading cases below.

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Areas of Practice

What I Can Do for You

Civil and Commercial Litigation

Practical advice, experienced advocacy

Let Warren be the legal professional who will provide solutions for your litigation needs. Warren combines a fundamental understanding of the big picture about the complexity of business with a wide experience in the law. He has been helping clients achieve effective resolutions of a variety of civil, commercial and property disputes for 32 years.

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    Where I Specialise

  Appeals, Judicial Review, Regulatory

Warren specialises in appeals and professional disciplinary complaints. Warren offers the very best advice in his specific areas of expertise, along with a depth of legal knowledge and experience. Warren has conducted upwards of 130 appeals in the Court of Appeal and Supreme Court:  his goal is to achieve the best outcome for you.

Practical advice, experienced advocacy

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Whatever the issue, Warren is committed to strongly presenting your case and solving your legal problems. Contact him today to schedule a free initial consultation.

Get in Touch

Thanks for submitting!

Address:

Chambers:

Chancery Chambers, 2 Chancery Street

Auckland CBD

 

Postal:

P O Box 106346, Customs Street

Auckland 1143

 

 

Email:

Phone:

09-373 3343 or 021 980 445

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Past Leading Cases

This is a selection of leading cases I have conducted at High Court and appellate levels.

Get in Touch

Thanks for submitting!

Address:

Chambers:

Chancery Chambers, 2 Chancery Street

Auckland CBD

 

Postal:

P O Box 106346, Customs Street

Auckland 1143

 

 

Email:

Phone:

09-373 3343 or 021 980 445

  • LinkedIn

Get in Touch

Thanks for submitting!

Address:

Chambers:

Chancery Chambers, 2 Chancery Street

Auckland CBD

 

Postal:

P O Box 106346, Customs Street

Auckland 1143

 

 

Email:

Phone:

09-373 3343 or 021 980 445

  • LinkedIn
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Police formal warning quashed as unlawful

In S v Commissioner of Police [2021] NZHC 743 the High Court on application for judical review quashed and declared to be unlawful a formal warning for a criminal offence, ordering it be removed from the National Police database, holding that there had been a fundamental breach of the applicant's rights.

Supreme Court holds - jurisdiction to appeal

In H (SC 49/2021) v R [2021] NZSC 110 the Supreme Court held that jurisdiction to appeal a retrial order exists. Final hearing pending.

Brain Sketch

How Memory Works - Correcting an Injustice with Science

In M v R [2017] NZCA 333 a Crown expert at trial was found to have given evidence about how memory works when it was not self-evident she was qualified to do so. In the course of allowing my client's appeal, the Court explored the complexities of memory science but left definitive exposition of it to another day. A weak Crown case was not retried and my client gained his freedom.

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Liquidator refused costs

In Finnigan v Ellis [2018] NZHC 2440 a liquidator spent $612,315.65 on a claim against directors. Accepting my argument that the failure to claim liquidators' costs in the substantive proceeding was fatal to most of the costs claim, the Court awarded $134,409.75. Another uneconomic liquidators' claim.

Homeowners

Home Saved

In Huirama & Ors v Trimac Finance Limited (2000) 8 NZCLC 262,154 I successfully obtained restraint of a mortgagee sale in the context of a ‘buy-back’ scheme. 

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Directors not responsible

In Spargo v Franklin HC Hamilton, CIV 2010-470-000091, 9.11.11: I successfully appealed against a determination of the Weathertight Homes Tribunal reversing an award based on directors’ liability, saving them $600,000.

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Property Protected

In Tokley v Robinson HC Hamilton, CIV 2009-419-136, 10 March 2011 I defeated defences of non-est-factum, estoppel, acquiescence, and gifting to protect my client's property rights. 

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Lawyers and Liquidators Stopped

In Tietjens v Quigley [2015] NZHC 3276, [2016] NZAR 154 I successfully applied to debar liquidators’ lawyers from acting in a liquidation proceeding, in circumstances where a law firm had been the creditor who applied to put the Company into liquidation. The Company’s liquidators later withdrew their claims against my clients.

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Speech could not be compelled

In Taylor v Jones [2006] NZSC 104; [2007] 2 NZLR 178 I successfully appeared on an urgent habeas corpus appeal - after the High Court and Court of Appeal had ruled my client's right to silence could be over-ridden, the Supreme Court agreed with me that habeas corpus rules did not apply and her right to silence was upheld. 

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Judgment sent to Commissioner of Police

In L v R [2010] NZCA 131 the Court of Appeal allowed my client's appeal, and referred its judgment to the Commissioner of Police, owing to the overbearing police interrogation of my client, who was a youth.

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Trust property protected 
In White v Brkic [2021] 3 NZLR 490 a trustee's creditor was denied access to trust property, upheld by the Court of Appeal in Brkic v White [2021] NZFLR 840.
 

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