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Daniel McLellan

Contacts

Tel: +64 9 307 9817
Mob: +64 21 717 783
Fax: +64 9 307 7817
Email Daniel McLellan
Email PA Liz Sutcliffe
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Qualifications

LLB (Cant) (1987)

Barrister Sole: 2004

Areas of Practice

Broadcasting & Media

Civil Litigation / General

Commercial Litigation

Insurance

Land Law and Property Litigation

Media Law and Defamation

Professional Indemnity

Securities Law

Professional Background expand

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

Recent Experience expand

  • Acting in various commercial and securities litigation, including regulatory investigation and prosecution.
  • 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 Securities Act, fair trading, resource management and health and safety.

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.

Case History expand

  • 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.
  • Dorchester Finance Ltd v Christchurch Foodcourts Ltd High Court, Auckland, 3 September 2010 - commercial lending and guarantees/fair trading/contractual remedies.