Andrew is an experienced commercial barrister, appearing in all the primary courts of New Zealand. He has been counsel in many significant pieces of commercial litigation (see Case History).
Andrew’s practice covers most areas of commercial dispute, including contract and tort claims, trust litigation, company and shareholder disputes, insolvency (corporate and personal), financial services, construction law, professional liability, land law, disciplinary tribunals and the like. For a summary of some of his more recent instructions see Selected Recent Cases.
Andrew has lectured law at both the University of Otago and the University of Auckland (see Professional Activities). He also regularly presents seminars for the New Zealand Law Society and ADLSi (see Publications and Seminars). He is a regular contributor to academic and trade journals (see Publications and Seminars), and is the New Zealand Bar Association’s representative on the Rules Committee.
Appearances in the High Court, Court of Appeal or Supreme Court or before similar authorities since 2014
- Activedocs Ltd v Cadre Investments Ltd  NZSC 91,  NZCA 121 (dividend rights on preference shares).
- Kawarau Village Holdings Ltd v Sun  NZSC 171,  NZCA 427,  NZHC 3108 (settlement of various sale and purchase agreements).
- Detection Services Ltd & Ors v Pickering & Ors,  NZHC 709 (joint venture dispute).
- Rapid Metal Developments NZ Ltd v Access One Scaffolding Ltd  NZHC 204 (claim over missing scaffold).
- NZ Mint v Greys Ave Investments Ltd  NZHC 2165,  NZHC 2828 (right of first refusal in lease).
- Custom Street Hotel Ltd v Plus Construction Ltd  NZHC 3049,  NZHC 2934,  NZHC 2011,  NZHC 1180 (construction dispute, arbitration and appeal).
- 136 Fanshawe Ltd v Wilson Parking New Zealand Ltd  NZHC 1854 (car park lease valuation, appeal of arbitral award).
- Maranathana Charitable Trust v Cawthray Motors Ltd  NZHC 1069 (sale and purchase of land).
- Fish Man Ltd (in liq) v Hadfield (2016) 4 NZTR 26-014,  NZAR 1198 (rights to property and priority in bankruptcy).
- Takanini Central Residential Ltd v Terra Group NZ Ltd  NZHC 2179,  NZHC 478 (engineering services on residential subdivision).
- Twentieth Century Fox Film Corporation v Dotcom  NZHC 88,  NZHC 3349 (application to vary freezing orders over assets).
- Re the estate of S (mediation of various claims under Family Protection Act) (2015).
- Re G; Application to cancel membership of Church (substantive hearing) (2015).
- Greys Avenue Investments Ltd v NZ Mint Ltd (2015) 22 PRNZ 801(statutory demand).
- Probus South Pacific Inc v Probus NZ Inc (2015) 114 IPR 630 (appeal from decision of Registrar of Companies as to change of name of incorporated society).
- NZ Mint Ltd v Greys Avenue Investments Ltd  NZHC 2051 (application for relief against cancellation of lease).
- White v Hewett (2015) 22 PRNZ 692 (partnership dispute, confidentiality orders/discovery).
- Body Corporate no 338356 v Endean  NZHC 2644 (leaking apartment building).
- Eco Maintenance Ltd v Leighton Contractors PTY Ltd  NZHC 2340 (termination of services contract).
- Endeavour Glass Packaging Ltd v Fraser  NZHC 756,  NZHC 463 (directors duties).
- Mitchell v Griffiths  NZHC 751,  NZHC 1628 (trust dispute).
- Yandina Investments Ltd v ANZ National Bank Ltd  NZSC 28,  26 NZTC 21-064; (2011) 25 NZTC 20-089, (2011) 25 NZTC 20-079,  25 NZTC 20-129 (aircraft leases).
- Szembrener v Pepper NZ (Custodians) Ltd  NZHC 324 (mortgagee sale).
- Telco 1 v Telco 2 (arbitration over sale of telecommunications business).
- Various complaints against Church representative (hearing of 2 separate complaints against Church Minister) (2014).
A selection of Andrew's key cases:
- Acting for shareholders in a major New Zealand software company in a dispute over the terms of a preference share issue.
- Acting for the purchasers of units in stage 1 of the Hilton Hotel development in Queenstown in a dispute over the enforcement of sale and purchase agreements.
- Acting for the contractor in a dispute over the construction of the Sofitel Hotel in Auckland.
- Acting for various significant family trusts in trustee disputes, and subsequent variations to the terms of trust settlements.
- Acting for the Probus clubs of New Zealand in a dispute over the right to use the Probus name.
- Acting for 3 of New Zealand’s major trading banks in a claim based on the leasing arrangements for a 747 airplane.
- Acting for the former shareholders in a major New Zealand telecommunications company in an arbitration over the terms of sale of that business.
- Acting for one of the major trading banks in the litigation over bank fees.
- Acting for an Australasian construction company in a claim over the construction of the Botany Town Centre.
- Acting for the taxpayer in the structured finance claims brought by the Inland Revenue.
- Acting for the taxpayers in the trial for the “Trinity” tax avoidance arrangements.