• Financial Markets Authority v Zhong [2024] NZHC 2126 – jurisdiction to order indemnity costs under Financial Markets Conduct Act (Amicus appointment).  
• BA Trustees Ltd v Druskovich [2024] NZHC 2021 – determination of rights in respect of right of way.  
• Lessor v Management Company – private arbitration to determine nature and extent of management rights for large inner-City apartment building.  
• Tisot v Selak [2024] NZHC 1300 - cancellation and modification of land covenants.  
• Martelli v Liow [2024] NZHC 968 - appeal from arbitral award (now leading authority on development rights under cross-leases).  
• 100 Investments v Walker – various claims by creditors of the PVL group against liquidator and litigation funder arising out of the settlement of litigation on behalf of PVL.  
• Airport Authority v Land Owner – private arbitration to determine rent reviews.  
• Johnstone v Alpha Insurance a/s (in bankruptcy) [2024] NZHC 725 – CBL liquidation.  Entitlement of liquidators to set aside payments as a voidable preference.
• Tauranga City Council v Harrison Grierson Holdings Ltd [2024] NZHC 714 –enforceability of limitation clauses in construction contracts
• Chen v Huang [2024] NZCA 38 – determination of rights on the unwinding of a joint venture.  
• Freer v Earthquake Commission – [2023] NZHC 1301, 3662 - certification of class action against EQC by owners of properties affected by Christchurch Earthquake.
• Young v Attorney-General [2023] 2 NZLR 24 (CA), [2023] 1 NZLR 596 (SC) – liability in nuisance for naturally occurring hazards on neighbour’s property (unstable cliffs).  
• Pfisterer v Claims Resolution Service Ltd [2023] 3 NZLR 533 – various claims based on alleged misleading and deceptive conduct, and breach of fiduciary duty, relating to litigation funding arrangement.  Test case for proceeding in Claims Resolution Service Ltd v Smith [2020] NZCA 664 and Harris v Smith [2022] NZCA 313 (and various other hearings).  
• Colville v Colville [2023] NZHC 2659 – breach of restraint of trade, inducing breach of contract, following sale of interest in substantial building company franchise.    
• FAI Money Ltd v Vujcich (as executor of estate of Martens) [2021] NZHC 2267 – vesting of property on bankruptcy.
• ‍Watherston v PGW Rural Capital Ltd [2020] NZCCLR 25 (CA) - limitation provisions under CCCFA.
• Kinara Trustee Ltd v Infinity Enterprises NZ Ltd (2019) NZCPR 318 (HC); [2020] 3 NZLR 626 (CA); (2020) 21 NZCPR 616 (SC) - easement over land subject to apartment development.
• ‍Fox Mortimer Trust Co Ltd v MGH Trah Ltd (2020) 29 NZCPR 754 - restrictive covenants in land sale.
• Restaurant Brands Ltd v Forsgren NZ Ltd [2019] NZHC 602 - dispute over terms of sale of Carl's Junior chain of stores.
• GP96 Ltd v PVG Securities Trustee Ltd (2019) 20 NZCPR 809 (CA) - allocation of insurance proceeds to reinstatement of commercial premises.
• Public Trust v Kain (2019) 5 NZTR 29-019 - beneficiary/trustee dispute.
• Young v AG [2019] NZAR 1015 - claim in nuisance against Crown following Christchurch earthquakes.
• Detection Services Ltd v Pickering [2019] NZAR 515 - competing claims over failure of joint venture.
• Fisher v Faa Gu [2018] NZAR 1795 - enforceability of claims against trustees.
• Custom Street Hotel Ltd v Plus Construction Ltd [2018] 3 NZLR 34 (CA) - termination of the construction contract relating to the construction of the Sofitel Hotel in Auckland.
• Kawarau Village Holdings Ltd v Sun [2018] 1 NZLR 378 (CA, SC) - enforceability of sale and purchase agreements for stage 1 of the Hilton Hotel development in Queenstown.
• Fish Man Ltd (in liq) v Hadfield [2018] 2 NZLR 428 (CA) - principles of equitable tracing and the rights of creditor to property disclaimed by the Official Assignee.
• Activedocs Ltd v Cadre Investments Ltd (2017) 11 NZCLC 98-05 (CA) - shareholder/company dispute over the terms of a preference share issue.
• Probus South Pacific Inc v Probus NZ Inc (2015) 114 IPR 630 – use of the Probus name by the Probus Clubs of New Zealand.
• Yandina Investments Ltd v ANZ National Bank Ltd (2014) 26 NZTC 21-064 (HC, CA, SC) –dispute over the terms of the lease of a Boeing 747.
• Telco 1 v Telco 2 - private arbitration over the terms of sale of telecommunications company).
• BNZ Investments Ltd v CIR (2009) 24 NZTC 23,582 – allegations of tax avoidance on cross-border structured finance transactions.
• Waller & Anor v Davies & Ors [2007] 2 NZLR 508 (CA, SC) - Land Transfer Act fraud and imputation of knowledge.
• Accent Management Ltd & Ors v CIR (2005) 22 NZTC 19,027 – allegations of tax avoidance in forestry investment (the Trinity tax “scheme”).
• Various substantial trust disputes, including Mitchell v Griffiths (removal of trustees), Re W A Stephenson Memorial Trust (variation of the Stephenson family trusts), Peacock v Nelson (removal of trustees), Calderwood v Calderwood (challenge to establishment of trusts).
• Various substantive construction disputes, including Perpetual Trust Ltd v Mainzeal Property and Construction Ltd (construction of the Botany Town Centre), Body Corporate no 338356 v Endean (construction of the Endean building), Takanini Central Residential Ltd v Terra Group NZ Ltd (dispute between Engineer and owner).
• Various claims under the Public Works Act, including Treasury Properties Ltd v AG (offer back of land under s 40), Jaafar Holdings Ltd v Auckland Council [2018] NZLVT 8 (claim for compensation under s 60), claims by affected parties for injurious affection resulting from CRL construction works.

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‍Other significant recent instructions

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• Acting for plaintiff creditors in various substantial corporate insolvencies.
• Acting for defendants in class action arising out of the Christchurch earthquakes.
• Acting for trading bank in the “bank fees” litigation.
• Acting for major charitable institution in resolution of competing claims relating to substantive bequest.
• Acting for affected entities in Royal Commission of Inquiry into Abuse in Care.
• Acting for trading bank in the resolution of a claim based on misleading conduct in derivatives trading.

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• "Tort Law Update", NZLS CLE Seminar (June 2022) (with Professor Geoff McLay).
• "Property Law Intensive", NZLS CLE Seminar (June 2022).
• "Property Law Litigation", NZLS CLE Seminar (February 2022).
• "Tort Law Update", NZLS CLE Seminar (September 2019) (with Professor Geoff McLay).
• "Update on Negligent Misstatement", ADLS (2017) (with Marcus Roberts).
• “Tort Law Update”, NZLS CLE Seminar (April 2016) (with Professor Geoff McLay).
• “Issues in Unjust Enrichment”, NZLS CLE Seminar (2014).
• “Advocacy”, presentation to participants in the NZLS mooting contest (2014), (2015).
• "Kembla and the Defendant Summary Judgment: Is the Emperor wearing any clothes?" (2013) NZ Lawyer Issue 204
• “One test to rule them all (and of inferior courts to bind them)” (2012) NZ Lawyer Issue 190.
• “Tort Law”, NZLS CLE Seminar (2013) (with Professor Stephen Todd).
• Chapter on "Permanent Injunctions", in Blanchard ed, Civil Remedies in New Zealand (1st ed) (2003); (2nd ed) (2011).
• Chapter on "Interlocutory Injunctions", in Blanchard ed, Civil Remedies in New Zealand (1st ed) (2003); (2nd ed) (2011).
• “General Principles of Good Advocacy”, ADLS CLE Seminar (2011).
• "Remoteness of damages in tort and contract", in "Current issues in remedies", NZLS CLE Seminar (2010).
• "Economics of Evidence, Procedure and Litigation", (Book review) [2009] NZLJ 330.
• 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 trusts" (2009).
• "Update on Tort Law", ADLS CLE Seminar (2008).
• "Damages for a loss of chance in negligence: the availability of an alternative remedy" [2007] NZLJ 151.
• "Update on Tort Law", ADLS CLE Seminar (2006).
• "Damages for the loss of a chance: the availability of an alternative remedy", LexisNexis Commercial Litigation Masterclass (2005).
• "Update on Tort Law: The approach to the duty of care in New Zealand", ADLS CLE Seminar (2003).
• "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.
• "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.
• "Causation and Risk in the Law of Torts" (Book review) (2000) 19 NZULR 136.
  ‍

• Barrister assisting Auckland Community Law Centre bankruptcy advice service
• Queens Counsel - 2017
• Barrister - 2002 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

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Teaching

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• 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

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BA LLB (Hons) (Auck) 1994

LLM (Toronto) 1999

Barrister Sole: 2002

Queens Counsel: 2017
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