Wednesday, 4 March 2026
Description
Attend and earn 0.5 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Chair
Graeme Switzer, Partner, Tavendale + Partners
Resolving Disputes Associated with Shareholder Agreements
- What to include in a dispute resolution provision in a shareholders’ agreement
- The principal advantages and disadvantages of arbitration over proceedings in the High Court
- Buy out clauses
- In valuing shares for a buyout, should the value be discounted to reflect that the shares are a minority shareholding?
- Acting for a minority shareholder or a 50/50 shareholder
Presented by Bret Gustafson, Barrister, FortyEight Shortland
Learning Objectives:
- Understand the key dispute resolution mechanisms available under shareholders' agreements, including arbitration and buyout provisions
- Examine practical issues relating to shareholder valuation disputes and representing minority or equal shareholders in contested matters
Presenters
Graeme Switzer, Partner, Tavendale + Partners
Graeme specialises in mergers and acquisitions, company restructurings, securities offerings, and general corporate and commercial law. He has advised public companies, multinationals, government entities, accounting firms and medium sized enterprises and regularly advises overseas companies on New Zealand merger and acquisition transactions and broader New Zealand legal matters. Grame’s experience includes advising on a range of business sales and purchases for New Zealand companies and large overseas based multinationals, as well as for medium sized enterprises. Other examples of his experience include advising on joint ventures, New Zealand securities law issues related to overseas mergers, issues relating to overseas businesses setting up New Zealand branches and generally advising on a range of commercial contracts. Graeme has been practicing law since 1999.
Bret Gustafson, Barrister, FortyEight Shortland Barristers
Bret Gustafson has practiced as a court lawyer for the last 35 years. He was a litigation partner at Kensington Swan from 2000 to 2009. In April 2009 he moved from practice as a barrister and solicitor to practice as a barrister sole. Bret was a foundation member of Fortyeight Shortland, a leading commercial barristers chamber located at Level 34 of the Vero Centre. Bret has appeared as senior counsel in the Privy Council and in two Supreme Court cases as senior counsel, winning all three. Bret has also appeared as Counsel in 17 Court of Appeal hearings and over 150 trials or substantive directions hearings in the High Court. He has argued trials and appeals in two overseas jurisdictions. He regularly advises on commercial disputes including shareholder disputes, PPSA issues and general banking and insolvency law.
