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Neil Campbell

Contacts

Tel: +64 9 307 9804
Mob: +64 21 411 047
Fax: +64 9 309 1119
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Qualifications

BCom, LLB (Hons) (Auck), LLM (Cantab)

Barrister Sole: 1998

Areas of Practice

Banking & Finance Law

Commercial and Contract Disputes

Corporate and Securities Law

Equity

Insurance

Land Law and Property Litigation

Professional Indemnity

General Background

I have bachelors degrees in commerce and law from the University of Auckland, and an LLM with first-class honours from Cambridge University. I pursued a successful career as an academic, first at the University of Nottingham, and then at the University of Auckland, where I was an Associate Professor in the Faculty of Law. From 1998 until 2008 I combined my academic career with practice as a barrister. My practice, teaching, and research has focused on contract law, insurance law, company law, and land law. My research on those subjects has been published in leading texts, as well as in the Cambridge Law Journal, Lloyd's Maritime and Commercial Law Quarterly, the Insurance Law Journal, and the New Zealand Law Review.

In July 2008 I left the University of Auckland to practise full time at the bar. I act for and advise clients on a wide range of civil and commercial disputes.

Professional Background expand

  • Admitted to the Bar in 1992
  • Solicitor, Bell Gully Buddle Weir, Auckland 1991 - 1992
  • Lecturer, University of Nottingham, 1993 - 1995
  • Lecturer/Senior Lecturer/Associate Professor, University of Auckland, 1995 to 2008
  • Barrister Sole since 1998

Case History expand

  • Hickman v Turn and Wave Ltd [2011] NZCA 100 (contract; securities regulation)
  • N-Tech Ltd v Abooth Ltd (HC Auckland, 16 November 2010, CIV-2006-404-3362) (security for costs)
  • Totara Investments Ltd v Crismac Holdings Limited [2010] NZSC 36; [2010] 3 NZLR 285 (contract interpretation)
  • Catley v Waipa Corporation Ltd [2010] NZCCLR 24 (leave to commence derivative action)
  • Worldtel NZ Ltd v Cho (2009) 19 PRNZ 844 (accounts and inquiries)
  • Parsot v Greig Developments Ltd [2009] NZCA 241; (2009) 10 NZCPR 308 (vendor and purchaser)
  • Rea v Mutual Finance Ltd (HC Auckland, 19 December 2008) (priority of mortgages)
  • Parsot v Greig Developments Ltd (2008) 18 PRNZ 995 (costs)
  • Saba Yachts Ltd v Fish Pacific Ltd (2006) 3 NZCCLR 963 (company and contract law)
  • J & P Company Ltd v NZ Lamb Skin Co Ltd (2006) 8 NZBLC 101,733; (2006) 3 NZCCLR 71 (sale of goods)
  • Fifer Residential Ltd v Gieseg (2005) 6 NZCPR 306 (unit titles; contract)
  • Walton Mountain Ltd v Apple New Zealand Ltd (2004) 5 NZ ConvC 193,853; (2004) 5 NZCPR 241 (vendor and purchaser)
  • Carter Holt Harvey Ltd v McKernan [1998] 3 NZLR 403 (CA) (company amalgamations)

Publications and Relevant Activites expand

Books

  • Co-author of Hinde McMorland & Sim, Land Law in New Zealand (2nd ed, looseleaf and on-line, 2003-2008).
  • Co-author of Morison's Company and Securities Law, looseleaf.
  • Campbell and McLellan, Insurance Law and Litigation (NZLS seminar, 2006)
  • Campbell and Cooper, Company Law Update (NZLS seminar, 2008)
  • Co-author of Heath and Whale on Insolvency (looseleaf and on-line)

Articles

  • "Don't be lost: Different conceptions of loss in insurance" (2009) 20 Insurance Law Journal 40
  • "Revisiting Trevor Ivory v Anderson" (2006) Company and Securities Law Bulletin 33
  • "Enforceability of 'no caveat' clauses" (2006) 80 Australian Law Journal 215
  • "Good faith: Lessons from Insurance Law" (2005) New Zealand Business Law Quarterly 479.
  • "Defective Amalgamations" (2005) Company and Securities Law Bulletin 53.
  • "A Sceptical View of Good Faith in Insurance Law", in: Webb and Rowe (eds.) Insurance Law: Practice, Policy and Principles (2004).
  • "Distributions and Shareholder Current Accounts" (2004) Company and Securities Law Bulletin 9
  • "Monetary remedies for wrongful declinatures of insurance claims" (2004) 15 Insurance Law Journal 185.
  • "Speculating on the Unfair Prejudice Jurisdiction" (2004) Company and Securities Law Bulletin 81.
  • "Demystifying the Civil Liability of Corporate Agents" (2003) 62 Cambridge Law Journal 290.
  • "Claims Against Directors and Agents" [2003] New Zealand Law Journal 109.
  • "Resolving Allocation Problems in Liability Policies - Contract or Restitution?" [2003] Lloyd's Maritime and Commercial Law Quarterly 449.
  • "Contracting Around the Right to Caveat" in Grinlinton (ed) Taking Torrens into the Twenty-First Century (2003).
  • "Prevention of Performance in Replacement Cost Insurance - Preventing a Fictional Response" (2002) 10 Otago Law Review 229.
  • "Leaking Homes, Leaking Companies?" (2002) Company and Securities Law Bulletin 101
  • "The Shareholder as Consumer of the Corporate Contract?" (2002) 8 New Zealand Business Law Quarterly 452-456
  • "An Insured's Duty of Good Faith" (2001) New Zealand Business Law Quarterly 111.
  • "Does the Companies Act Codify Remedies?" (2001) Company and Securities Law Bulletin 53
  • "The Nature of an Insurer's Obligation" [2000] Lloyd's Maritime and Commercial Law Quarterly 42.
  • "Wilful Misconduct, Fraud, and the Innocent Co-insured" [2000] New Zealand Law Review 263.
  • "An Insured's Remedies for Breach" (1999) 5 New Zealand Business Law Quarterly 51
  • "Passing of Property in Contracts for the Sale of Unascertained Goods" [1996] Journal of Business Law 199
  • "Liability as a Shadow Director" [1994] Journal of Business Law 609
  • "The Duty to Give Reasons in Administrative Law" [1994] Public Law 184

Other Activities

  • Editorial Board, Company and Securities Law Bulletin, 1996 to 2008.
  • Co-editor, New Zealand Law Review, 1999-2004.
  • Co-editor, New Zealand Business Law Quarterly, 2007 to 2008.
  • Contributing Editor on Insurance Law to the New Zealand Law Review, 1997 to date.
  • Council Member, Legal Research Foundation, 1998-2004.
  • Council Member, New Zealand Insurance Law Association, 2001 to date.