PAST PAPER: Session 2: Stream B: Property Transactions and Leasing
Date: March 2017
Property Law: Recent Developments
Presented by Elise Markwick, Partner, Martelli McKegg
Make Good and Reinstatement Obligations Under Leases
Presented by Arthur Chung, Partner and Chris Ashton, Senior Solicitor, Meredith Connell
Disciplinary Proceedings under the Real Estate Agents Act 2008
Presented by Tim Rea, Barrister, Southern Cross Chambers
Property Finance Update
Presented by Stuart Evans, Partner, Simpson Grierson
Chair: Joseph Biddles
Joe Biddles is a specialist commercial property and real estate lawyer and a director of boutique law firm Thompson Blackie Biddles. Prior to this Joe worked at Russell McVeagh and formerly was the New Zealand Legal Counsel of Lion. Joe acts for a number of corporate and institutional clients and his practice covers all areas of commercial property including acquisitions and disposals, commercial leasing, developments, joint ventures and overseas investments in New Zealand. In the current market, Joe is noticing a particular focus on development work, (both freehold subdivisions and unit title developments) and a renewed focus on, and interest in, acquisitions (from both domestic and overseas buyers/funds).
Elise Markwick is a partner in the commercial property department at Martelli McKegg, Lawyers in Auckland. Elise advises investors and developers on the acquisition, development, associated financing, leasing and sale of commercial property. Elise obtained her B.A. LL.B from Auckland University and was admitted to the Bar in 1985.
Arthur Chung is partner at Meredith Connell and is an expert in property law. He is well known for his commercial pragmatism in advising and acting for clients on commercial property and construction transactions. He has extensive experience drafting and negotiating commercial leases, particularly design-and- build solutions, sale and purchase agreements, development documentation, construction contracts and consultancy documents for commercial office, industrial and retail developments. Arthur also advises developers in relation to residential subdivision projects, including masterplanned developments. He has worked in Singapore with law firms Rajah & Tann and Jones Day. Arthur's experience includes acting for Queenstown Lake District Council in the drafting and negotiation of development and lease agreements for the Frankton Marina project and other Council projects, acting for Grand Central NZ in the negotiation of the development and lease agreement and lease with the Ministry of Business, Innovation and Employment for the new office building to be constructed on the former Grand Chancellor Hotel site in Christchurch, and acting for The Warehouse Group on a variety of property and construction matters including due diligence, acquisitions, sale and leasebacks, store development and refurbishment projects and general leasing matters in relation to their stores and property interests throughout New Zealand.
Chris Ashton joined Meredith Connell in 2016. Chris advises clients on a wide range of commercial property matters including sale and purchase, leasing, subdivisions and other property development. Prior to joining Meredith Connell, Chris was an Associate in another central Auckland law firm, where he gained experience in property law, commercial and corporate transactions, acquisitions and disposals, and drafting commercial contracts.
Tim Rea graduated from Canterbury University with degrees in Arts and Law in 1993 and 1996 respectively. Since then he has worked in commercial litigation in Auckland, with one year spent working for a Sydney law firm. Prior to commencing practice as a barrister at Southern Cross Chambers on 1 March 2016, Tim was a litigation partner at Glaister Ennor from 2008. Tim's practice areas include disputes involving contract, negligence and Fair Trading Act issues, and many other property-related areas. He has a particular interest in building disputes and has acted for various parties in disputes involving residential and commercial construction, including property owners, builders and manufacturers. Tim has also developed a specialisation in real estate agency issues, particularly those involving compliance and discipline. Tim prosecuted real estate agency disciplinary proceedings for over 10 years, and in recent years he has represented more real estate agents and salespeople in proceedings before Complaints Assessment Committees, the Real Estate Agents Disciplinary Tribunal, and appeals to the High Court than any other practitioner.
Stuart Evans is a partner in the Banking Team at Simpson Grierson in Auckland. He has experience in a broad range of domestic and international banking and finance transactions, and specialises in property and development financing. His experience in property and development financing includes transactions relating to commercial and apartment buildings, shopping centres, hotels, residential subdivisions, aged-care facilities and retirement villages, farms, marinas, and property syndications. His expertise extends to not only the financing aspects of such transactions, but also the related commercial aspects, including leases, sale agreements, management contracts, construction contracts, and tripartite deeds with contractors. Stuart has acted for lenders on a large number of the most significant property financing transactions to be undertaken in New Zealand over recent years. He also has particular expertise in asset financing and leasing (including aircraft, ships, heavy equipment, and trucks) and in corporate and commercial banking. Stuart previously spent several years in the structured and asset finance team at Allen & Overy LLP in London.
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