Contractual issues are often central to commercial litigation. Doctrines of interpretation, and remedial areas such as rectification, continue to develop through leading cases such as Vector Gas v BOPE [2010] NZSC 5. Martin's detailed grasp of these principles, together with their consequent effects on litigation strategy and relevance of evidence, are the foundation of his approach. Other questions like agency or authority issues, and/or fundamental factual disagreements often round out the dispute.
Martin continues to publish in the area of contractual interpretation and remedies, in publications such as NZ Lawyer.
Martin is deals with the range of entities commonly used for business purposes together with the obligations they impose on their participants. This includes companies, limited partnerships, joint ventures and the like, as well as other incorporated and unincorporated groups. All have particular risks and opportunities to be assessed or exploited in litigation. Martin practice covers areas such as director’s liability, statutory demands and corporate insolvency.
Many of Martin's other practice area also fall broadly under the banner of commercial litigation. Martin's philosophy is to maintain a suite of specialties that delivers integrated commercial solutions.
Other overlays in commercial disputes can include:
- consumer law (Fair Trading Act, Sale of Goods Act and similar)
- Contractual Remedies Act;
- Personal Property Securities Act