Brett graduated from the University of Auckland in 1999 and was admitted to the New Zealand bar that year. In 2001 he was admitted as a solicitor in New South Wales, Australia and in 2005 as a solicitor of the Supreme Court of England and Wales.
Brett is a commercial litigator with a large book of liability and security enforcement claims liquidations, bankruptcies and some defamation claims.
Brett regularly acts for creditors in defended matters and appears in the Weathertight Homes Tribunal, District Court and High Court.
In 2014 he was appointed a senior associate of the firm.
Protecting against insolvent preference claims
This article is a refresher on how the Court of Appeal recently interpreted the insolvent transaction provisions and how building contractors might protect themselves from insolvent transaction/preference claims.
Marina Resort Ltd v Body Corporate 170989 (in administration) (HC)
We acted for the administrator of a Body Corporate and we successfully resisted an application to set aside a statutory demand.view summary
Rising from the ashes
Brett Martelli and Lisa Douglas explain what phoenix companies are and how to protect yourself from them.
Wellington City Council v Registrar of Companies & Ors (Salamanca Investments Ltd) (HC)
The council succeeded in restoring a solvent developer to the Companies Register in circumstances where it is being sued for $21million in the Weathertight Homes Tribunal and may not have had other construction parties to share the burden of an adverse judgment with. The restoration allowed the council to join the developer to the Tribunal claim.view summary
Wilkinson Building & Construction Ltd v Auckland Council (HC)
The council successfully defended an application made by a builder to set aside a statutory demand the council had issued against it seeking a share of the insolvent parties’ contributions to a damages award.view summary