Graham Kohler KC

Profile

Graham Kohler KC LLM was admitted in 1981 and became a specialist barrister in 1987. He joined Shortland Chambers in 1989 and has practised from there continually ever since. He took silk in 2013. He has appeared as senior counsel in all New Zealand courts in a wide variety of cases. His primary practice areas include contractual and commercial disputes. He has frequently presented seminars on contractual and related issues.

Profile

Graham Kohler KC LLM was admitted in 1981 and became a specialist barrister in 1987. He joined Shortland Chambers in 1989 and has practised from there continually ever since. He took silk in 2013. He has appeared as senior counsel in all New Zealand courts in a wide variety of cases. His primary practice areas include contractual and commercial disputes. He has frequently presented seminars on contractual and related issues.

Profile

Graham Kohler KC LLM was admitted in 1981 and became a specialist barrister in 1987. He joined Shortland Chambers in 1989 and has practised from there continually ever since. He took silk in 2013. He has appeared as senior counsel in all New Zealand courts in a wide variety of cases. His primary practice areas include contractual and commercial disputes. He has frequently presented seminars on contractual and related issues.

Additional information

Case History

Supreme Court / Court of Appeal

  • Hulbert Developments Ltd v Tairua Marine Ltd - Senior Counsel for successful party in commercial marine development case
  • Wendo (NZ) Ltd v Wiri Licensing Trust & anor - Senior Counsel for successful respondent in Supreme Court appeal re commercial development
  • Escrow & ors v Body Corporate - Senior Counsel for successful respondent in Supreme Court appeal re land covenants
  • Steel Co Ltd v Pipes NZ Ltd – Senior Counsel for successful party in commercial contract case (2016)
  • Wendco (NZ) Ltd v Wiri Licensing Trust & anor – Senior Counsel re judicial review re development commercial complex – successfully completed COA (2015)
  • Body Corporate 341188 v Escrow & ors – Senior Counsel re successful appeal re apartment building’s covenant rights COA (2015)
  • Watts & Hughes v Complete Siteworks – Senior Counsel re Construction Contracts Act payment schedules (2014)
  • Kim v Lee – Senior Counsel for Plaintiff/Respondent re defamation proceedings – successful damages claim (2012)
  • Johnston v R B Road 391 Ltd – Senior Counsel on appeal for successful party re sale and purchase of industrial property (2012) – successfully opposed leave to Supreme Court (2011)
  • Tisch v Body Corporate 318596 – Senior Counsel for successful party re schemes of arrangement s48 Unit Titles Act (2011)
  • Harlow v Sherman Ltd - Senior Counsel for successful Appellant in farm purchase case (2010)
  • Trustees of Smith Family Trust v R Jones Holdings Ltd - Senior Counsel for Appellant in commercial leasing case (2009)
  • Erceg v Balenia Ltd - sole Counsel for successful Respondent in superyachts purchase case (2009)
  • Erceg v Balenia Ltd - sole Counsel for successful Respondent in evidence procedure case (2008)
  • Avondale Hotel Ltd v Portage Licensing Trust - Sole Counsel for successful Appellant in commercial leasing case (2005)
  • Carter Holt Homes Ltd v Carroll Logging Ltd - Senior Counsel for successful Respondents in commercial forestry logging case (2003)
  • Johnson v Watson - Sole Counsel for successful Appellants in building/constuction case (2002)
  • Specialised Livestock Imports Ltd & ors v Borrie & ors - Senior Counsel for successful Respondents in commercial Fair Trading Act / company law case (2002)
  • Clarence Holdings Ltd v Hall & ors - Sole Counsel for successful Respondent in lease /company law case (2002)
  • Corunna Bay Holdings Ltd v Robert Gracie Dean Ltd - Sole Counsel for Appellant in harbour board lease case (2001)
  • Ellery v Blair - Sole Counsel for successful Respondent in commercial lease case (1998)
  • TVNZ V Quinn - Sole Counsel for successful Respondent in defamation case - awarded record damages in NZ (1996)
  • NZIB Investments Ltd v Nicholson - Sole Counsel for successful Respondent in summary judgment commercial lending case (1995)
  • Bolton v Dawson - Senior Counsel for Appellant in commercial arbitration case (1995)
  • Quinn v NZ Harness Racing Conference - Senior Counsel for successful Appellant in administrative law / judicial review case (1992)
  • Hankins v The Prudential Building & Investment Soc - Sole Counsel for successful Appellant in summary judgment commercial development/lending case (1992)
  • Lomas v Foreland Investments Ltd - Sole Counsel for successful Appellant in commercial lease case (1991)
  • Shell Oil NZ Ltd v Wordcom Investments Ltd - Sole Counsel for successful Appellant in commercial land sale case (1991)
  • Blackman v Grant - Sole Counsel for successful Appellant in land purchase / injunction case (1990)

High Court /District Court /Arbitrations/Mediations

  • A large number (several hundred) of cases in all jurisdictions etc on an ongoing basis since 1981- in respect of the areas of practice as listed

Documents

Supreme Court / Court of Appeal

  • Hulbert Developments Ltd v Tairua Marine Ltd - Senior Counsel for successful party in commercial marine development case
  • Wendo (NZ) Ltd v Wiri Licensing Trust & anor - Senior Counsel for successful respondent in Supreme Court appeal re commercial development
  • Escrow & ors v Body Corporate - Senior Counsel for successful respondent in Supreme Court appeal re land covenants
  • Steel Co Ltd v Pipes NZ Ltd – Senior Counsel for successful party in commercial contract case (2016)
  • Wendco (NZ) Ltd v Wiri Licensing Trust & anor – Senior Counsel re judicial review re development commercial complex – successfully completed COA (2015)
  • Body Corporate 341188 v Escrow & ors – Senior Counsel re successful appeal re apartment building’s covenant rights COA (2015)
  • Watts & Hughes v Complete Siteworks – Senior Counsel re Construction Contracts Act payment schedules (2014)
  • Kim v Lee – Senior Counsel for Plaintiff/Respondent re defamation proceedings – successful damages claim (2012)
  • Johnston v R B Road 391 Ltd – Senior Counsel on appeal for successful party re sale and purchase of industrial property (2012) – successfully opposed leave to Supreme Court (2011)
  • Tisch v Body Corporate 318596 – Senior Counsel for successful party re schemes of arrangement s48 Unit Titles Act (2011)
  • Harlow v Sherman Ltd - Senior Counsel for successful Appellant in farm purchase case (2010)
  • Trustees of Smith Family Trust v R Jones Holdings Ltd - Senior Counsel for Appellant in commercial leasing case (2009)
  • Erceg v Balenia Ltd - sole Counsel for successful Respondent in superyachts purchase case (2009)
  • Erceg v Balenia Ltd - sole Counsel for successful Respondent in evidence procedure case (2008)
  • Avondale Hotel Ltd v Portage Licensing Trust - Sole Counsel for successful Appellant in commercial leasing case (2005)
  • Carter Holt Homes Ltd v Carroll Logging Ltd - Senior Counsel for successful Respondents in commercial forestry logging case (2003)
  • Johnson v Watson - Sole Counsel for successful Appellants in building/constuction case (2002)
  • Specialised Livestock Imports Ltd & ors v Borrie & ors - Senior Counsel for successful Respondents in commercial Fair Trading Act / company law case (2002)
  • Clarence Holdings Ltd v Hall & ors - Sole Counsel for successful Respondent in lease /company law case (2002)
  • Corunna Bay Holdings Ltd v Robert Gracie Dean Ltd - Sole Counsel for Appellant in harbour board lease case (2001)
  • Ellery v Blair - Sole Counsel for successful Respondent in commercial lease case (1998)
  • TVNZ V Quinn - Sole Counsel for successful Respondent in defamation case - awarded record damages in NZ (1996)
  • NZIB Investments Ltd v Nicholson - Sole Counsel for successful Respondent in summary judgment commercial lending case (1995)
  • Bolton v Dawson - Senior Counsel for Appellant in commercial arbitration case (1995)
  • Quinn v NZ Harness Racing Conference - Senior Counsel for successful Appellant in administrative law / judicial review case (1992)
  • Hankins v The Prudential Building & Investment Soc - Sole Counsel for successful Appellant in summary judgment commercial development/lending case (1992)
  • Lomas v Foreland Investments Ltd - Sole Counsel for successful Appellant in commercial lease case (1991)
  • Shell Oil NZ Ltd v Wordcom Investments Ltd - Sole Counsel for successful Appellant in commercial land sale case (1991)
  • Blackman v Grant - Sole Counsel for successful Appellant in land purchase / injunction case (1990)

High Court /District Court /Arbitrations/Mediations

  • A large number (several hundred) of cases in all jurisdictions etc on an ongoing basis since 1981- in respect of the areas of practice as listed

Publications and Seminars
  • Co-author, Laws of New Zealand, "Creditors Remedies"
  • Principal designer and presenter, Auckland District Law Society, "Trial Advocacy" series of courses
  • Writer and presenter:
  • Contract and Property decisions – the Supreme Court’s first decade for NZLS (2015)
  • Written and Oral Advocacy for Legalwise Seminars (2015)
  • Current issues in Leaky Home Litigation for NZLS (2013)
  • Contract Law Seminar re remedies for ADLS (2005)
  • Contrat Law Seminar re concurrent and personal liability for ADLS (2003)
  • Building and Construction Law for LexisNexis (2002)
  • Defamation - recent developments for ADLS (1997)
  • Insolvency Law Developments - for Insolvency law practitioners (1996)
  • Radicals at Large - Contract law damages for ADLS (1995)
  • Contingency Fees - for NZ Bar Association (1994)
  • Update on Contract - Contracts Privity Act for ADLS (1994)
  • High Court Procedure for ADLS (1992)
  • The Summary Judgment Jurisdiction for ADLS (1990)
Professional Activities

Arbitrators' & Mediators' Institute of NZ (AMINZ)

Qualifications

LLB (Auck), LLM (Auck)

Barrister Sole: 1987

Silk: 2013

Graham
Kohler KC
kohler@shortlandchambers.co.nz
+64 9 307 9816
Shortland Chambers