Kishen

Kommu

Kishen is an experienced civil litigator with a broad range of dispute resolution experience, including construction, property, contractual, insolvency and unit title disputes. Clients appreciate his personable and approachable manner. This is coupled with his thorough preparation and dedication to achieving the best possible results in Court or in alternative dispute resolution processes.

Expertise

  • Construction Disputes
  • Property Litigation
  • Commercial and Contractual Disputes
  • Unit Titles Law
  • Insolvency
  • Immigration and Refugee Law

Qualifications and Memberships

  • BHSc/LLB (Conjoint) (University of Auckland, 2009)
  • BCom (Finance) (University of Auckland, 2008)
  • Society of Construction Law New Zealand
  • New Zealand Law Society
  • Auckland District Law Society

Expertise

  • Construction Disputes
  • Property Litigation
  • Commercial and Contractual Disputes
  • Unit Titles Law
  • Insolvency
  • Immigration and Refugee Law
  • BHSc/LLB (Conjoint) (University of Auckland, 2009)
  • BCom (Finance) (University of Auckland, 2008)
  • Society of Construction Law New Zealand
  • New Zealand Law Society
  • Auckland District Law Society

Biography

Kishen was admitted as a Barrister & Solicitor of the High Court of New Zealand in 2009 after completing a BHSc/LLB at the University of Auckland in 2008. He has appeared as sole and junior counsel in the High Court, the District Court and various tribunals.

He commenced his advocacy career as a junior barrister working under a Queen’s Counsel specialising in criminal defence work. He also worked with other senior barristers in a broad range of matters, including partnership and joint venture disputes, coroner’s inquests, criminal defence, trust disputes, and contractual disputes.

He then worked at reputable firms where he gained experience in general civil and commercial litigation, construction disputes, property disputes, building defects litigation, unit titles disputes and advice, corporate and personal insolvency law, debt recovery, and immigration and refugee law.

Kishen commenced practising as a Barrister Sole in December 2021 and assists clients in a broad range of civil litigation by providing timely and strategic advice and advocacy.

Experience

Construction

  • Acting for contractors and principals in construction contract disputes, including adjudications under the Construction Contracts Act 2002 and arbitrations.
  • Acted in a number of complex building defects proceedings in the High Court.

Property

  • Appeared as counsel in the High Court in applications under section 74 of the Unit Titles Act 2010 to impose remedial schemes.
  • Appeared as junior counsel in the High Court in caveat related applications.
  • Acted as counsel for various bodies corporate in cost apportionment disputes and debt recovery matters.
  • Advising various bodies corporate on obligations, powers and governance issues under the Unit Titles Act 2010 and Unit Titles Regulations 2011.
  • Advised property developers on aspects of development agreements.

Civil and Commercial

  • Appeared as trial counsel in a joint venture dispute in the District Court.
  • Appeared as counsel in various interlocutory applications in the High Court and the District Court.
  • Appeared as counsel in the High Court in relation to various applications to appoint and replace trustees and for vesting orders.
  • Appeared as counsel in the High Court in an application by a District Council for leave to bring a summary judgment application based on limitation issues.
  • Appeared as junior counsel in the High Court in an application for a stay pursuant to the Trans-Tasman Proceedings Act 2010.

Insolvency

  • Acted for liquidators in various company liquidations, including acting as counsel in relation voidable transactions, applications as to directions, and recovery proceedings.
  • Acted for debtors and creditors in various personal insolvency matters, including bankruptcy and debt recovery proceedings.

Immigration and Refugee

  • Acted in various immigration and refugee law matters, including appearing as counsel in deportation hearings, refugee and protection appeals, and sentencing hearings.
  • Advised clients on various contentious and non-contentious immigration matters, including applications for Investor 1 Residence Visas.

Coroner’s Inquests

  • Assisted senior counsel in a number of high-profile coronial inquests.