(Decisions in High Court, Court of Appeal or Supreme Court post 2016)
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• General commercial disputes: Supermega v NBL (2024) 26 NZCPR 487 (relief against cancellation); Pfisterer v Claims Resolution Service Ltd [2023] 3 NZLR 533 (CA) (various claims based on alleged misleading and deceptive conduct, and breach of fiduciary duty, relating to litigation funding arrangement); Restaurant Brands Ltd v Forsgren NZ Ltd [2019] NZHC 602 (HC), [2020] NZCA 254 (CA) (dispute over terms of sale of Carl's Junior chain of stores); 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); Telco 1 v Telco 2 (private arbitration over the terms of sale of telecommunications company).
• General disputes following breakdown of commercial relationship, including: Chen v Huang [2024] NZCA 38 (determination of rights on the unwinding of a joint venture); Thachankary v Rasela [2024] NZHC 2371 (liability); [2025] NZHC 1793 (remedies judgment), judgment on appeal outstanding (breakup of medical partnership); Colville v Colville [2023] NZHC 2659 (HC), [2025] NZCA 188 (CA) (breach of restraint of trade, inducing breach of contract, following sale of interest in substantial building company franchise); Detection Services Ltd v Pickering [2019] NZAR 515 (HC) (competing claims over failure of joint venture).
• Various disputes over land covenants, including: Martelli v Liow (2024) 25 NZCPR 289 (HC), [2026] NZCA 101 (CA) (right to develop cross-lease property); Tisot v Selak [2024] NZHC 1300 (cancellation and modification of land covenants); BA Trustees Ltd v Druskovich [2024] NZHC 2021 (determination of rights in respect of right of way); 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).
• Disputes over land sale, including: Knight Investments Ltd v Hawkins Group Ltd (settled after trial) (dispute over misrepresentations in the sale of land); Milne v Thompson [2025] NZCA 375 (CA) (sale of land contrary to terms of the Unit Titles Act); Fox Mortimer Trust Co Ltd v MGH Trah Ltd (2020) 29 NZCPR 754 (HC), (2021) 22 NZCPR 102 (CA) (restrictive covenants in land sale); 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).
• General tort claims, including 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)); Tauranga City Council v Harrison Grierson Holdings Ltd [2024] NZHC 714 (enforceability of limitation clauses in construction contracts).
• General insurance instructions, including: Johnstone v Alpha Insurance a/s (in bankruptcy) [2024] NZCCLR 689, appeal judgment outstanding (CBL liquidation and the meaning of “outstanding claims liability” in insurer’s accounts); Freer v Earthquake Commission [2023] NZHC 1301, 3662 (HC), appeal judgment outstanding (meaning of “indemnity” under EQC legislation); GP96 Ltd v PVG Securities Trustee Ltd (2019) 20 NZCPR 809 (CA) (allocation of insurance proceeds to reinstatement of commercial premises).
• Claims relating to the management of large apartment buildings, including: Bates v PHC Victoria Street Ltd (unit owner’s rights over common property – judgment outstanding after trial); Lessor v Management Company (private arbitration to determine nature and extent of management rights for large inner-City apartment building).
• Insolvency matters, including 100 Investments v Walker [2025] NZHC 3486 (claims by creditors against liquidator and litigation funder arising out of the settlement of litigation); Johnstone v Alpha Insurance a/s (in bankruptcy) [2024] NZCCLR 689, appeal judgment outstanding (CBL liquidation and the entitlement of liquidators to set aside payments as a voidable preference); NBL (New Zealand) Ltd v Northland Food Ltd (2024) 26 NZCPR 32; (application to set aside statutory demand); 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); FAI Money Ltd v Vujcich [2021] NZHC 2267 (vesting of property on bankruptcy).
• Various substantive construction disputes, including Tauranga City Council v Harrison Grierson Holdings Ltd [2024] NZHC 714 (enforceability of limitation clauses in construction contracts); Custom Street Hotel Ltd v Plus Construction Ltd [2018] 3 NZLR 34 (CA) (termination of contract relating to the construction of the Sofitel Hotel in Auckland, including arbitration and subsequent appeals).
• Various claims under the Public Works Act, including, 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.  See also the earlier decision in Treasury Properties Ltd v AG [2013] NZHC 1587 (offer back of land under s 40)
• Recent valuation arbitration instructions include: Airport Authority v Land Owner (private arbitration to determine rent reviews, and subsequent arbitration to value assets on surrender of lease).
• Financial services, including: Financial Markets Authority v Zhong [2024] NZHC 2126 (jurisdiction to order indemnity costs under Financial Markets Conduct Act (Amicus appointment); Watherston v PGW Rural Capital Ltd [2020] NZCCLR 25 (CA) (limitation provisions under CCCFA).
• Class action claims, including Pfisterer v Claims Resolution Service Ltd [2023] 3 NZLR 533 (test case for class action claims against EQC by owners of properties affected by Christchurch Earthquake in Claims Resolution Service Ltd v Smith [2020] NZCA 664 and Harris v Smith [2022] NZCA 313 (and various other hearings)); Freer v Earthquake Commission [2023] NZHC 1301, 3662, appeal judgment outstanding (certification of class action).
• Various substantial trust disputes, including: Public Trust v Kain (2019) 5 NZTR 29-019 (beneficiary/trustee dispute); Fisher v Faa Gu [2018] NZAR 1795 - enforceability of claims against trustees.
• Significant reported cases pre-2016: 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); Barnes v Barnes [2012] 29 FRNZ 46 (terms of contracting-out agreement); 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")); Polynesian Spa Ltd v Osborne [2005] NZAR 408 (judicial review of prosecution decision); Gutierrez v R [1997] 1 NZLR 192 (obligations of Counsel to cross examine witnesses); Baltic Shipping Co Ltd v Pegasus Lines SA [1996] 3 NZLR 641 (claims under the Admiralty Act).

• “Property Law Litigation”, NZLS CLE Seminar (November 2024).
• “George Rosenberg, George Barton and Falema’i Lesa; the story of Lesa v Attorney General [2024] NZLJ 24.
• "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] NZLJ151.
• "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.

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• 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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