General Background

Daisy's practice covers advice and advocacy in a broad range of commercial disputes, including high-profile intellectual property litigation, judicial review, contract disputes, Construction Contract Act claims and insurance matters. She has also advised and acted in connection with both seeking and opposing applications for interim relief and has been appointed by the New Zealand Courts as independent counsel to supervise the execution of search orders (formerly known as Anton Piller orders).

Outside work Daisy is a keen skier and maintains an interest in good food and fine wine following a former career as a hotelier with Regent Four Seasons and The Landmark London.

Selected Recent Cases

Some of Daisy's recent experience includes:

  • Junior counsel for the appellant in van Heeren v Kidd, an appeal concerning the identification and application of the test for ascertaining issue estoppels arising from a foreign judgment.
  • Junior counsel for the appellant in Tasman Insulation New Zealand Ltd v Knauf Insulation Ltd [2015]116 IPR 352, New Zealand's leading case on the test for revocation of a trade mark on the ground that the mark has become generic.
  • Junior counsel instructed for the plaintiff in Lyttelton Port Company Ltd v Aon New Zealand, a broker claim against Aon for breaches of contractual and tortious duties resulting in a shortfall in the settlement of the Port's insurance claims following the Christchurch earthquakes.
  • Counsel for well-known New Zealand band SIX60 in Massive Entertainment Ltd v Arabella Pte Ltd [2015] NZIPOTM 5, a successfully defended trade mark opposition proceeding.
  • Counsel for Lyttelton Port Company Limited instructed in relation to LPC's dispute with its insurers over material damage policy response following the Christchurch earthquakes (settled at mediation in December 2013).
  • Junior counsel for the representative plaintiffs against ANZ, Kiwibank, Westpac and BNZ in the Bank Fees litigation class actions issued against New Zealand banks for the repayment of bank fees charged to customers. Successfully obtained representative orders in Cooper v ANZ [2013] NZHC 2827.
  • Junior counsel for the defendant in Kawarau Village Holdings Ltd v Yuen, a claim against the underwriter of buildings in a failed Queenstown property development.
  • Advising Vector Limited in relation to a construction contract dispute.
  • Regularly instructed by insurers and by insureds in relation to policy coverage issues.
  • Junior counsel for the appellant in Holmes v Kiriwai Consulting Ltd [2015] NZCLC 98-032, a shareholders dispute involving claims under s149 Companies Act 1993 and for breach of fiduciary duty.
  • Advising an insurance broker in relation to entitlement to premiums held by broker in liquidation of the insurer.
  • Counsel assisting Queen's Counsel for the plaintiff in Tasman Insulation New Zealand Limited v Knauf Insulation Limited & Ors [2014] 108 IPR 162, a trade mark dispute involving a counterclaim against Tasman for revocation of the well-known BATTS® trade mark on the ground of genericism.
  • Counsel for the defendant in Turner v Cooper & Co Real Estate Limited, a dispute over entitlement to a real estate commission under the Real Estate Agents Act 2008 (successfully settled).
  • Counsel for applicant in Denize Farms Ltd v Spotburn Farms Ltd (in liq) HC Auckland CIV-2011-404-5374, 16 Dec 2011 (application to set aside a statutory demand).
  • Counsel for judgment debtor in Re Stockco Ltd, ex parte Denize HC Auckland CIV-2010-404-5668, 15 July 2011 (application to set aside a bankruptcy notice).
  • Advising on branding and trade mark registration issues for Vincent Preparations Limited, owner of the luxury new generation ceuticals brand SANS.
  • Providing copyright and contractual advice to Sutherland Kovach Studio (photographers).
    Advising an insurance broker in relation to issues arising for a corporate client on a proposed initial public offering.
  • Assisting Queen's Counsel to prepare submissions for the substantive appeal to the Supreme Court in Specialized Bicycle Components v Sheppard and Avanti [2011] NZSC 123, a case in which leave had been granted on the question of whether the terms of a standard mediation and confidentiality agreement precluded a party from adducing evidence to prove an oral settlement agreement reached at mediation.
  • Assisting senior counsel in a confidential matter for a high net worth individual involving matrimonial proceedings.
  • Providing intellectual property advice to Hotel Viaduct Harbour in relation to its dispute with Starwood Hotels and Resorts.
  • Appointed by the High Court of New Zealand to act as the supervising barrister in respect of a search order in Endeavour Glass Packaging v Fraser & Anor.
    Assisting Queen's Counsel acting for the owners of the LA-Z-BOY trade mark in trade mark opposition proceedings before the Intellectual Property Office of New Zealand.
  • Appointed Secretary to the Tribunal in Globecast Holding SA v Cosgrove and ors, an ICC international arbitration before David Williams QC regarding complex contractual issues arising out of a contract for satellite transmission services.
  • Acting for a shareholder in a software company in relation to a shareholder dispute, including a successful urgent application for an order terminating liquidation under the Companies Act.
  • Assisting Queen's Counsel in relation to an application to the New Zealand Copyright Tribunal on behalf of PPNZ seeking approval of a new licensing scheme for the playing of sound recordings on the two major commercial radio networks in New Zealand.

Professional Activities

  • Andrew Brown QC (Junior Barrister) (2005-2007)
  • Bell Gully, Auckland (Solicitor) (2003-2005)
  • Judge's Clerk to the Rt Hon Sir Thomas Gault, Court of Appeal of New Zealand (2001-2003)
  • Recipient of the ADLS Prize in Law for best overall undergraduate record in Law (2000)
  • Editor-in-Chief Auckland University Law Review (2000)

Publications and Seminars

Daisy Williams

Contacts

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Qualifications

LLB (Hons) (Auck)

BCom (Auck)

Admitted: 2001

Barrister Sole: 2005

Areas of Practice

Qualifications

LLB (Hons) (Auck)

BCom (Auck)

Admitted: 2001

Barrister Sole: 2005

General Background

Daisy's practice covers advice and advocacy in a broad range of commercial disputes, including high-profile intellectual property litigation, judicial review, contract disputes, Construction Contract Act claims and insurance matters. She has also advised and acted in connection with both seeking and opposing applications for interim relief and has been appointed by the New Zealand Courts as independent counsel to supervise the execution of search orders (formerly known as Anton Piller orders).

Outside work Daisy is a keen skier and maintains an interest in good food and fine wine following a former career as a hotelier with Regent Four Seasons and The Landmark London.

Selected Recent Cases

Some of Daisy's recent experience includes:

  • Junior counsel for the appellant in van Heeren v Kidd, an appeal concerning the identification and application of the test for ascertaining issue estoppels arising from a foreign judgment.
  • Junior counsel for the appellant in Tasman Insulation New Zealand Ltd v Knauf Insulation Ltd [2015]116 IPR 352, New Zealand's leading case on the test for revocation of a trade mark on the ground that the mark has become generic.
  • Junior counsel instructed for the plaintiff in Lyttelton Port Company Ltd v Aon New Zealand, a broker claim against Aon for breaches of contractual and tortious duties resulting in a shortfall in the settlement of the Port's insurance claims following the Christchurch earthquakes.
  • Counsel for well-known New Zealand band SIX60 in Massive Entertainment Ltd v Arabella Pte Ltd [2015] NZIPOTM 5, a successfully defended trade mark opposition proceeding.
  • Counsel for Lyttelton Port Company Limited instructed in relation to LPC's dispute with its insurers over material damage policy response following the Christchurch earthquakes (settled at mediation in December 2013).
  • Junior counsel for the representative plaintiffs against ANZ, Kiwibank, Westpac and BNZ in the Bank Fees litigation class actions issued against New Zealand banks for the repayment of bank fees charged to customers. Successfully obtained representative orders in Cooper v ANZ [2013] NZHC 2827.
  • Junior counsel for the defendant in Kawarau Village Holdings Ltd v Yuen, a claim against the underwriter of buildings in a failed Queenstown property development.
  • Advising Vector Limited in relation to a construction contract dispute.
  • Regularly instructed by insurers and by insureds in relation to policy coverage issues.
  • Junior counsel for the appellant in Holmes v Kiriwai Consulting Ltd [2015] NZCLC 98-032, a shareholders dispute involving claims under s149 Companies Act 1993 and for breach of fiduciary duty.
  • Advising an insurance broker in relation to entitlement to premiums held by broker in liquidation of the insurer.
  • Counsel assisting Queen's Counsel for the plaintiff in Tasman Insulation New Zealand Limited v Knauf Insulation Limited & Ors [2014] 108 IPR 162, a trade mark dispute involving a counterclaim against Tasman for revocation of the well-known BATTS® trade mark on the ground of genericism.
  • Counsel for the defendant in Turner v Cooper & Co Real Estate Limited, a dispute over entitlement to a real estate commission under the Real Estate Agents Act 2008 (successfully settled).
  • Counsel for applicant in Denize Farms Ltd v Spotburn Farms Ltd (in liq) HC Auckland CIV-2011-404-5374, 16 Dec 2011 (application to set aside a statutory demand).
  • Counsel for judgment debtor in Re Stockco Ltd, ex parte Denize HC Auckland CIV-2010-404-5668, 15 July 2011 (application to set aside a bankruptcy notice).
  • Advising on branding and trade mark registration issues for Vincent Preparations Limited, owner of the luxury new generation ceuticals brand SANS.
  • Providing copyright and contractual advice to Sutherland Kovach Studio (photographers).
    Advising an insurance broker in relation to issues arising for a corporate client on a proposed initial public offering.
  • Assisting Queen's Counsel to prepare submissions for the substantive appeal to the Supreme Court in Specialized Bicycle Components v Sheppard and Avanti [2011] NZSC 123, a case in which leave had been granted on the question of whether the terms of a standard mediation and confidentiality agreement precluded a party from adducing evidence to prove an oral settlement agreement reached at mediation.
  • Assisting senior counsel in a confidential matter for a high net worth individual involving matrimonial proceedings.
  • Providing intellectual property advice to Hotel Viaduct Harbour in relation to its dispute with Starwood Hotels and Resorts.
  • Appointed by the High Court of New Zealand to act as the supervising barrister in respect of a search order in Endeavour Glass Packaging v Fraser & Anor.
    Assisting Queen's Counsel acting for the owners of the LA-Z-BOY trade mark in trade mark opposition proceedings before the Intellectual Property Office of New Zealand.
  • Appointed Secretary to the Tribunal in Globecast Holding SA v Cosgrove and ors, an ICC international arbitration before David Williams QC regarding complex contractual issues arising out of a contract for satellite transmission services.
  • Acting for a shareholder in a software company in relation to a shareholder dispute, including a successful urgent application for an order terminating liquidation under the Companies Act.
  • Assisting Queen's Counsel in relation to an application to the New Zealand Copyright Tribunal on behalf of PPNZ seeking approval of a new licensing scheme for the playing of sound recordings on the two major commercial radio networks in New Zealand.

Professional Activities

  • Andrew Brown QC (Junior Barrister) (2005-2007)
  • Bell Gully, Auckland (Solicitor) (2003-2005)
  • Judge's Clerk to the Rt Hon Sir Thomas Gault, Court of Appeal of New Zealand (2001-2003)
  • Recipient of the ADLS Prize in Law for best overall undergraduate record in Law (2000)
  • Editor-in-Chief Auckland University Law Review (2000)

Publications and Seminars