Daniel McLellan

Areas of Practice

• Civil, commercial and securities litigation
• Insurance
• Regulatory investigation and defence
• Defamation/broadcasting and media
  
• Professional liabilities
• Property related litigation

Professional Background

• Admitted to the Bar in 1988.
• Partner Heaney Jones 1993 to 1996.
• Partner Jones Fee 1996 to 2004.
• Practising as barrister-sole from 2004.

Case history

• Benson v Ship Builders Ltd [1992] 3 NZLR 549 (CA) - neglience/bailment
• Countrywide Banking Corporation Ltd v State Insurance (1997) 9 ANZ Insurance Cases 76,962; [1993] 3 NZLR 745 (HC) - appeal for insured in insurance coverage dispute.
• Bolton v New Zealand Insurance [1995] 1 NZLR 224 (HC) - defence of insurer in marine insurance coverage case.
• New Zealand Forest Products Ltd v New Zealand Insurance Co Ltd [1996] 2 NZLR 20 (CA) - directors and officers insurance coverage;  allocation of defence costs between covered and uncovered causes of action.
• Juken Nissho Ltd v Northland Regional Council [2000] 2 NZLR 556 (CA) - criminal burden of proof in summary proceedings; resource management
• Interclean Industrial Services v Auckland Regional Council [2000] 3 NZLR 489 (HC) - appeal on costs in criminal cases
• Television New Zealand Ltd v Ah Koy [2002] 2 NZLR 616 (CA) - mitigation of damages in defamation.
• Mitchell v Sprott [2002] 1 NZLR 766 (CA) - honest opinion defence in defamation.
• Stewart Re Price v Smith [2004] 1 NZLR 354 (CA) - appeal on limitation/equity issues.
• Gordon v Juken New Zealand Limited [2005] DCR 503 - defence of company charged under health and safety legislation
• Ransfield v Radio Network Limited [2005] 1 NZLR 233 (HC) - Bill of Rights issues concerning right of individuals to be given air-time.
• Wool Board Disestablishment Company Ltd v Saxmere Company Ltd [2007] NZCA 349 - public law/tort.
• Northern Dairylands Ltd v Maxted [2008] BCL 465 - contracting intention/certainty of contract terms.
• Houghton & anor v Saunders & ors [2009] NZCA 610 - representative orders/maintenance and champerty/fiduciary duties.

Current work

• Acting in various commercial and securities litigation, including regulatory investigation and prosecution.
• Counsel for finance company in commercial litigation brought by borrowers.
• Regularly instructed by insurers and by insureds in relation to policy coverage issues.
• Counsel for defendant in representative shareholder proceedings following liquidation of public company.
• Acting in numerous professional negligence cases defending professionals including solicitors, patent attorneys, accountants, engineers, architects.
• Counsel in numerous current defamation actions acting for variety of defendants including print and electronic media, production company and individuals.
• Counsel for insureds in insurance dispute relating to 2006 Tonga riots.
• Counsel for Pacific Islands publisher in defamation and contempt proceedings.
• Acts for nationwide radio broadcaster.
• Acting in various regulatory investigations including fair trading, resource management and health and safety.

Recent experience or appointments

• Co-presenter of 2006 New Zealand Law Society seminar, "Insurance Law and Litigation".
• Co-presenter of 2009 New Zealand Law Society seminar, "Professional Liability".
  
• Regular faculty member of the New Zealand Law Society's Litigation Skills Programme.