Daniel McLellan KC

Profile

Daniel McLellan KC is a leading commercial silk with specialist expertise in insurance, defamation and commercial law.


With a career spanning more than 30 years, Daniel maintains a broad civil and commercial litigation practice. He has appeared in numerous trials and appeals in New Zealand’s senior courts, including in the Court of Appeal and Supreme Court in Whangarei District Council v Daisley, Local Government Mutual Funds Trustee Ltd v Napier City Council, the Houghton v Saunders (Feltex) shareholders’ class action and in tax litigation in Trustpower Ltd v Commissioner of Inland Revenue. He has represented numerous local authorities and mayors in actions brought for and against them, including for defamation.


Daniel is regularly instructed in complex commercial and securities litigation, trusts and estates disputes. He has represented numerous legal and other professionals facing disciplinary action including before the Lawyers & Conveyancers Disciplinary Tribunal.


He is consistently ranked in Chambers and Partners Global and Asia-Pacific Guides for his advocacy skills.


Daniel accepts arbitral appointments as counsel and arbitrator, and has appeared in Pacific Island courts.


A former partner of a specialist insurance litigation firm, Daniel was appointed Silk in 2013. He was the 2018 Director of the New Zealand Law Society Litigation Skills Programme and is a faculty member of both the core and Advanced Litigation Skills Programmes.

Profile

Daniel McLellan KC is a leading commercial silk with specialist expertise in insurance, defamation and commercial law.


With a career spanning more than 30 years, Daniel maintains a broad civil and commercial litigation practice. He has appeared in numerous trials and appeals in New Zealand’s senior courts, including in the Court of Appeal and Supreme Court in Whangarei District Council v Daisley, Local Government Mutual Funds Trustee Ltd v Napier City Council, the Houghton v Saunders (Feltex) shareholders’ class action and in tax litigation in Trustpower Ltd v Commissioner of Inland Revenue. He has represented numerous local authorities and mayors in actions brought for and against them, including for defamation.


Daniel is regularly instructed in complex commercial and securities litigation, trusts and estates disputes. He has represented numerous legal and other professionals facing disciplinary action including before the Lawyers & Conveyancers Disciplinary Tribunal.


He is consistently ranked in Chambers and Partners Global and Asia-Pacific Guides for his advocacy skills.


Daniel accepts arbitral appointments as counsel and arbitrator, and has appeared in Pacific Island courts.


A former partner of a specialist insurance litigation firm, Daniel was appointed Silk in 2013. He was the 2018 Director of the New Zealand Law Society Litigation Skills Programme and is a faculty member of both the core and Advanced Litigation Skills Programmes.

Profile

Daniel McLellan KC is a leading commercial silk with specialist expertise in insurance, defamation and commercial law.


With a career spanning more than 30 years, Daniel maintains a broad civil and commercial litigation practice. He has appeared in numerous trials and appeals in New Zealand’s senior courts, including in the Court of Appeal and Supreme Court in Whangarei District Council v Daisley, Local Government Mutual Funds Trustee Ltd v Napier City Council, the Houghton v Saunders (Feltex) shareholders’ class action and in tax litigation in Trustpower Ltd v Commissioner of Inland Revenue. He has represented numerous local authorities and mayors in actions brought for and against them, including for defamation.


Daniel is regularly instructed in complex commercial and securities litigation, trusts and estates disputes. He has represented numerous legal and other professionals facing disciplinary action including before the Lawyers & Conveyancers Disciplinary Tribunal.


He is consistently ranked in Chambers and Partners Global and Asia-Pacific Guides for his advocacy skills.


Daniel accepts arbitral appointments as counsel and arbitrator, and has appeared in Pacific Island courts.


A former partner of a specialist insurance litigation firm, Daniel was appointed Silk in 2013. He was the 2018 Director of the New Zealand Law Society Litigation Skills Programme and is a faculty member of both the core and Advanced Litigation Skills Programmes.

Additional information

Case History

Supreme Court

  • Whangarei District Council v Daisley [2024] NZSC 123 (acting for local authority sued in tort/limitation of actions/fraud, heard by Supreme Court 2025, pending decision)
  • Napier City Council v Local Government Mutual Funds Trustee [2023] NZSC 97, [2023] 1 NZLR 184 (acting for local authority against insurer)
  • Lodge Real Estate Ltd v Commerce Commission [2020] NZSC 25, [2020] 1 NZLR 238 (competition, price fixing)
  • Houghton v Saunders [2018] NZSC 74, [2019] 1 NZLR 1 (Feltex prospectus, securities, class action – acting for joint lead managers, whether promoters)
  • Trustpower Ltd v Commissioner of Inland Revenue [2016] NZSC 91, [2016] NZLR 155 (acting for Commissioner in capital and revenue dispute)

Court of Appeal

  • Jindal v Daruwalla [2025] NZSC 98, [2024] NZCA 685 (successful striking out application – defamation/absolute privilege/limitations)
  • Peter T Rex LLC v NZME Publishing Ltd [2024] NZSC 10, [2023] NZCA 469 (injunctions, defamation, privacy issues)
  • QBE Insurance v Davern [2025] NZCA 310 (insurance, contract, construction)
  • IAG New Zealand Ltd v QBE Insurance [2022] NZCA 636 (insurance, contract interpretation)
  • Smalley v Williamson [2023] NZCA 174 (shareholder dispute, expert determinations)


First instance

  • Queenstown Lakes District Council v Local Government Mutual Funds Trustee (insurance dispute – trial 2025, pending decision)
  • Auckland Council v Local Government Mutual Funds Trustee [2024] NZHC 1316 (action against insurer)
  • Dooley v Cleine [2024] NZDC 26559 (acting for Mayor - defamation)
  • Huljich v McCaffrey [2024] NZHC 361 (contract, conversion, conflict of laws)
  • Re Maungaiti Trustee Company Ltd [2024] NZHC 3571 (trusts, estates, probate)
  • Cancian v Cain [2024] NZHC 1069 (defamation action against liquidator)
  • Viranda Partners Ltd v Guest [2023] NZHC 1185 (Companies Act, derivative action)
  • Targa Capital Ltd v Westpac New Zealand Ltd [2023] NZHC 230 (‘debanking’ injunction, contract, international sanctions)
  • Bartletts Creek Vineyard Ltd Partnership v VinLink Marlborough Ltd [2022] NZHC 1012 (vineyard lease dispute, discovery)
  • Wright v Attorney-General [2021] NZHC 2676 (acting for Health Board in NZ Bill of Rights damages action)
  • Trends Publishing International Ltd v Callaghan Innovation [2020] NZHC 1626 (acting for Callaghan in fraud, contract damages action)

Documents

Supreme Court

  • Whangarei District Council v Daisley [2024] NZSC 123 (acting for local authority sued in tort/limitation of actions/fraud, heard by Supreme Court 2025, pending decision)
  • Napier City Council v Local Government Mutual Funds Trustee [2023] NZSC 97, [2023] 1 NZLR 184 (acting for local authority against insurer)
  • Lodge Real Estate Ltd v Commerce Commission [2020] NZSC 25, [2020] 1 NZLR 238 (competition, price fixing)
  • Houghton v Saunders [2018] NZSC 74, [2019] 1 NZLR 1 (Feltex prospectus, securities, class action – acting for joint lead managers, whether promoters)
  • Trustpower Ltd v Commissioner of Inland Revenue [2016] NZSC 91, [2016] NZLR 155 (acting for Commissioner in capital and revenue dispute)

Court of Appeal

  • Jindal v Daruwalla [2025] NZSC 98, [2024] NZCA 685 (successful striking out application – defamation/absolute privilege/limitations)
  • Peter T Rex LLC v NZME Publishing Ltd [2024] NZSC 10, [2023] NZCA 469 (injunctions, defamation, privacy issues)
  • QBE Insurance v Davern [2025] NZCA 310 (insurance, contract, construction)
  • IAG New Zealand Ltd v QBE Insurance [2022] NZCA 636 (insurance, contract interpretation)
  • Smalley v Williamson [2023] NZCA 174 (shareholder dispute, expert determinations)


First instance

  • Queenstown Lakes District Council v Local Government Mutual Funds Trustee (insurance dispute – trial 2025, pending decision)
  • Auckland Council v Local Government Mutual Funds Trustee [2024] NZHC 1316 (action against insurer)
  • Dooley v Cleine [2024] NZDC 26559 (acting for Mayor - defamation)
  • Huljich v McCaffrey [2024] NZHC 361 (contract, conversion, conflict of laws)
  • Re Maungaiti Trustee Company Ltd [2024] NZHC 3571 (trusts, estates, probate)
  • Cancian v Cain [2024] NZHC 1069 (defamation action against liquidator)
  • Viranda Partners Ltd v Guest [2023] NZHC 1185 (Companies Act, derivative action)
  • Targa Capital Ltd v Westpac New Zealand Ltd [2023] NZHC 230 (‘debanking’ injunction, contract, international sanctions)
  • Bartletts Creek Vineyard Ltd Partnership v VinLink Marlborough Ltd [2022] NZHC 1012 (vineyard lease dispute, discovery)
  • Wright v Attorney-General [2021] NZHC 2676 (acting for Health Board in NZ Bill of Rights damages action)
  • Trends Publishing International Ltd v Callaghan Innovation [2020] NZHC 1626 (acting for Callaghan in fraud, contract damages action)

Professional Activities
  • 1988: Admitted to the Bar
  • 1993-1996: Partner at Heaney Jones
  • 1996-2004: Partner at Jones Fee
  • 2004: Barrister-sole
  • 2013: Appointed Silk
Qualifications

1987: LLB (Cant)
2004: Barrister Sole
2013: Silk

Daniel
McLellan KC
mclellan@shortlandchambers.co.nz
+64 21 717 783
+64 9 307 9817
Shortland Chambers