Qualifications
BA LLB (Hons) (Auck) 1994
LLM (Toronto) 1999
Barrister Sole: 2001
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Areas of Practice
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Administrative and Constitutional Law / Public Law
Building and Construction Law
Commercial and Contract Disputes
Commercial Litigation
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Land Law and Property Litigation
Professional Indemnity
Tort Liability
Wills and Trusts
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General Background
Andrew's practice covers most areas of commercial litigation. His wide
experience includes contract and tort claims, professional liability, land law,
judicial review, wills and trusts, construction contracts and tax-related
litigation, to name some of the more significant areas.
Because of his background and experience, Andrew is also regularly
approached to do opinion work on more complex issues that arise in common law
and equity-based claims.
Andrew started practice in the litigation department of Russell McVeagh.
After working there for five years, he left to study for a Masters of Law at
the University of Toronto. On his return to New Zealand in 1999, he moved to
the University of Otago where he lectured Tort Law and Civil Procedure. Andrew
joined the independent bar in 2001.
Since joining the independent bar, Andrew has been involved as counsel in a
wide variety of commercial litigation in the High Court and the Court of
Appeal. He has also been instructed in some of New Zealand's most significant
commercial litigation, including the Trinity Tax litigation (Accent
Management Ltd & Ors v CIR (2005) NZTC 19,027), the trading bank's
structured finance litigation (BNZ Investments Ltd v CIR (2009) 24
NZTC 23,582) and the litigation that followed the collapse of the Equiticorp
group of companies. He has also appeared as counsel in many other significant
decisions such as Guttierez v R [1997] 1 NZLR 192 (CA) (the
obligations on counsel in cross-examination), Baltic Shipping v Pegasus
Lines SA [1996] 3 NZLR 641 (CA) (the requirements of the Admiralty Act
1973 as to the arrest of ships) and Waller & Anor v Davies &
Ors [2007] 2 NZLR 508 (CA) (Land Transfer Act fraud).
Andrew still maintains his academic contacts, including lecturing Tort Law
in the Masters Programme in the Faculty of Law at Auckland University (2002),
and lecturing Civil Procedure and Civil Litigation at Otago University (2006,
2008 and 2009). He continues to publish in the area of tort law and civil
procedure as well as present seminars.
Read more...
- Barrister - 2001 to present
- Lecturer - Faculty of Law, University of Otago - 1999 to 2001
- Senior litigation solicitor - Russell McVeagh (Auckland) - 1994 to
1998
- Clerk to Judges of the New Zealand Court of Appeal - 1995
- Solicitor at Community Law Centre in Mangere (through Russell McVeagh) -
1995 to 1996
Teaching
- Civil Litigation - LLB course - University of Otago - 2008 to 2009
- Civil Procedure - LLB course - University of Otago - 2006
- Tort Law - LLM course - University of Auckland - 2003
- The Law of Torts - LLB course - University of Otago - 2000 to 2002
- Civil Procedure - LLB course - University of Otago - 2001 to 2002
- Property Law - LLB course - University of Otago (tutor) - 2000 to 2002
- Legal System - LLB course - University of Otago (tutor) - 2000 to 2001
- "Economics of Evidence, Procedure and Litigation", (Book
review), [2009] NZLJ 330
- "Damages for a loss of chance in negligence: the availability
of an alternative remedy", [2007] NZLJ.
-
"The duty of care and the search for certainty: Sullivan v
Moody, Cooper v Hobart, and problems in the South Pacific", [2003] NZLJ 44.
- "Ideas on the purpose of civil procedure", [2002] New Zealand Law Review
437.
- "Permanent Injunctions", in Blanchard ed, Civil Remedies in New
Zealand.
- "Interlocutory Injunctions", in Blanchard ed, Civil Remedies in New
Zealand.
- "Lights in the fog: secondary victims and the recovery for
mental injury in New Zealand." (2002) 10 Tort Law Review 1.
- "Divining an approach to the duty of care: the New Zealand Court of Appeal
and claims for negligent misstatement" (2001) 10 OLR 91.
- Book review - Goldberg, "Causation and Risk in the Law of Torts", (2000) 19
NZULR 136.
Seminars
- General Principles of Good Advocacy (ADLS 2011)
- "Remoteness of Damages in tort and contract", in "Current Issues in
Remedies", NZLS Seminar, 2010.
- Commentary on papers by Dr A Butler ("What is the least we can
expect of a trustee?") and Bill Patterson ("When is a trust a trust?") at the
Legal Research Foundation Seminar, "A Modern Law of Trust", August 2009.
- "Update on Tort Law", 2008, ADLS CLE Programme.
- "Update on Tort Law", 4 May 2006, ADLS CLE programme.
- "Damages for the loss of a chance: the availability of an
alternative remedy", 28 June 2005, LexisNexis Commercial Litigation
Masterclass.
- "Update on Tort Law: The approach to the duty of care in New Zealand",
18 November 2003, ADLS CLE programme.