Lindsay & Francis

New Zealand

Review

Dispute resolution

Timothy Lindsay founded his boutique litigation firm in 2017, and it has quickly grown in size and reputation. In 2021, the firm embarked on a new journey with the joining of new partner and commercial and regulatory disputes specialist, Kim Francis. He was formerly a partner at Meredith Connell. The firm, now named Lindsay & Francis, also houses three associates. The firm specialises in corporate and commercial disputes, with a focus on securities and competition litigation, and regulatory defence.

The team, led by Timothy Lindsay, had a victory in defending Wesfarmers-owned Bunnings, one of Australia and New Zealand’s largest retailers, in one of the largest prosecutions by the New Zealand Commerce Commission in recent years. Following a six-week trial at the start of 2021, in July 2021 the court dismissed all 45 charges against Bunnings. The Commission did not appeal. 

In another novel and complex matter, the team acted for the former chairman and other independent non-executive directors of CBL Corporation. The civil proceeding was brought by New Zealand’s Financial Markets Authority (FMA), alleging breaches of fair dealing and continuous disclosure obligations prior to the collapse of CBL. This is the first time the FMA has ever brought proceedings against a company and its directors under these charges. In a rare example of parallel regulatory and civil proceedings, in addition to the FMA proceedings, two separate third-party litigation-funded shareholder class actions have also been filed. This suit in itself is a first-of-its-kind shareholder class action alleging breaches of New Zealand’s securities laws, including IPO, fair dealing and continuous disclosure obligations by CBL and its directors.

Recent key clients include AC3 and Bulletproof Group, AFT Orphan Pharmaceuticals, Enviro Waste Services, Fujifilm, Green & McCahill Holdings, PBL Solutions and Trendsetter Vulcan Offshore.

Client feedback

“The firm provides high quality, timely advice and excellent support as instructing solicitors to barristers.” – Commercial and transactions

“The firm is excellent as instructing solicitors. It is thorough, prompt and the lawyers have excellent legal and commercial acumen.” – Commercial and transactions

“Regular and concise information, great communication with the client and those not experienced in the litigation process. They are very professional.” – Commercial and transactions

“Good case strategy and experience, focus on deadlines, high-quality analysis. Very thorough.” – Commercial and transactions

“The team provided very thorough and careful advice. It was well prepared and dedicated to all aspects of the work. The lawyers gave intelligent and high-quality advice and solidly prepared for trial.” – Competition and antitrust

“Excellent understanding of the law, fearless yet commercial and ethical in approach and great strategy preparation as part of case management.” – Competition and antitrust

Kim Francis

“Kim is an excellent lawyer. He has sharp commercial judgment, a can-do attitude and outstanding problem-solving skills. He is my go-to instructing solicitor.”

“Kim is a very intelligent and hard-working lawyer with good judgment.”

Timothy Lindsay

“Great communication, regular updates, impeccable knowledge of the law and strategy implementation.”