Neil Campbell

Areas of Practice
General Background
Professional Background
Recent Experience
Selected Publications
Other Activities

Areas of Practice

• Commercial & Contract Disputes
• Corporate & Securities Law
• Insurance Law
• Land Law & 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.  I have published extensively in those areas in New Zealand, Australia, and England. In July 2008 I left the University of Auckland to practise full time at the bar.

Professional Background

• 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
  

Recent Experience

• Advising on coverage disputes on a variety of insurance policies: Contractors’ All Risks, Professional Liability, Aquaculture, P&I, Business Interruption, Disability.
• Advising on the public offering provisions of the Securities Act 1978.
• Counsel for investors seeking validation of share issues under s 37AC of the Securities Act 1978.
• Counsel for developers and architects in defending leaky building claims.
• Counsel for owners in dispute with developers over further development rights in Unit Titles Act development.
• Counsel for developers in disputes arising from the cancellation of long-term sale and purchase agreements.

Selected Publications

Books

• Co-author of Hinde McMorland & Sim, Land Law in New Zealand (2nd ed, looseleaf, 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

• “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 date.
• 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.