General Background

Daisy's practice covers advice and advocacy in a broad range of commercial disputes, including intellectual property litigation, contract disputes, insurance matters, company and shareholder disputes, and commercial lease disputes. 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).

Daisy started her career at the New Zealand Court of Appeal as the Judge’s Clerk to the Rt Hon Sir Thomas Gault.  In 2003 she joined Bell Gully as a member of that firm’s litigation department, where her work focused on commercial litigation and arbitration.  Daisy moved to the separate Bar in 2005, initially as an employed junior to Andrew Brown QC specialising in intellectual property matters including trade mark, copyright and patent disputes.  In 2007 she became a barrister sole accepting instructions in most areas of civil litigation. Daisy has been a member of Shortland Chambers since 2010.

In 2018 the World Trademark Review named Daisy in its list of leading trade mark practitioners identifying her as a “notable up-and-comer” and saying that she “does a top job preparing for serious High Court litigation”.

Daisy is also a member of the Faculty of the NZLS Litigation Skills Programme.

Outside work Daisy is a keen skier and hiker and mother to two sports-mad boys with a precocious talent for alternative dispute resolution.

Selected Recent Cases

Recent experience as lead counsel or junior counsel includes:

  • Instructed in relation to the New Zealand arm of multi-national patent opposition proceedings before the Intellectual Property Office of New Zealand (mechanical patents).
  • 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 (led by Neil Campbell QC).
  • Advising a telecommunications infrastructure provider in relation to trade mark issues.
  • Junior counsel for the appellant in van Heeren v Kidd [2017] 3 NZLR 141 (CA), an appeal concerning the identification and application of the test for ascertaining an issue estoppel arising from a foreign judgment (led by David Goddard QC).
  • Junior counsel for VQHL in HRC Auckland Ltd v Viaduct Quay Holdings Ltd [2016] NZHC 3065, a dispute arising out of an agreement to lease commercial premises (led by Neil Campbell QC).
  • 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 (led by Julian Miles QC).
  • 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 led by Bruce Gray QC
  • 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 (led by Bruce Gray QC)
  • Advising Vector Limited in relation to a construction contract dispute.
  • 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 (led by Bruce Gray QC).
  • Advising an insurance broker in relation to entitlement to premiums held by broker in liquidation of the insurer.
  • Advising an insurance broker in relation to issues arising for a corporate client on a proposed initial public offering.
  • Counsel assisting Julian Miles QC 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).

Professional Activities

  • Faculty Member, NZLS Litigation Skills.
  • 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

  • Contributing author to Gault on Commercial Law
  • Presented workshop on preparing interlocutory applications as part of the ADLS Continuing Professional Development programme in May 2017.
  • Litigation Funding: A Practical Guide, a paper presented as part of the ADLS Continuing Legal Education seminar programme in September 2016.
  • Genericism: Death of a Trade Mark - A New Zealand Perspective, a paper co-authored with Julian Miles QC and presented at the 2015 29th Annual Conference of the Intellectual Property Society of Australia and New Zealand
  • Member of the New Zealand Dispute Resolution Centre's Panel of Arbitrators
  • Headnote writer - Intellectual Property Law Reports (2005-2007)
  • International Litigation Issues - a New Zealand perspective (co-authored with Ian Gault), IBA International Litigation News, March 2005

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 intellectual property litigation, contract disputes, insurance matters, company and shareholder disputes, and commercial lease disputes. 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).

Daisy started her career at the New Zealand Court of Appeal as the Judge’s Clerk to the Rt Hon Sir Thomas Gault.  In 2003 she joined Bell Gully as a member of that firm’s litigation department, where her work focused on commercial litigation and arbitration.  Daisy moved to the separate Bar in 2005, initially as an employed junior to Andrew Brown QC specialising in intellectual property matters including trade mark, copyright and patent disputes.  In 2007 she became a barrister sole accepting instructions in most areas of civil litigation. Daisy has been a member of Shortland Chambers since 2010.

In 2018 the World Trademark Review named Daisy in its list of leading trade mark practitioners identifying her as a “notable up-and-comer” and saying that she “does a top job preparing for serious High Court litigation”.

Daisy is also a member of the Faculty of the NZLS Litigation Skills Programme.

Outside work Daisy is a keen skier and hiker and mother to two sports-mad boys with a precocious talent for alternative dispute resolution.

Selected Recent Cases

Recent experience as lead counsel or junior counsel includes:

  • Instructed in relation to the New Zealand arm of multi-national patent opposition proceedings before the Intellectual Property Office of New Zealand (mechanical patents).
  • 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 (led by Neil Campbell QC).
  • Advising a telecommunications infrastructure provider in relation to trade mark issues.
  • Junior counsel for the appellant in van Heeren v Kidd [2017] 3 NZLR 141 (CA), an appeal concerning the identification and application of the test for ascertaining an issue estoppel arising from a foreign judgment (led by David Goddard QC).
  • Junior counsel for VQHL in HRC Auckland Ltd v Viaduct Quay Holdings Ltd [2016] NZHC 3065, a dispute arising out of an agreement to lease commercial premises (led by Neil Campbell QC).
  • 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 (led by Julian Miles QC).
  • 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 led by Bruce Gray QC
  • 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 (led by Bruce Gray QC)
  • Advising Vector Limited in relation to a construction contract dispute.
  • 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 (led by Bruce Gray QC).
  • Advising an insurance broker in relation to entitlement to premiums held by broker in liquidation of the insurer.
  • Advising an insurance broker in relation to issues arising for a corporate client on a proposed initial public offering.
  • Counsel assisting Julian Miles QC 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).

Professional Activities

  • Faculty Member, NZLS Litigation Skills.
  • 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

  • Contributing author to Gault on Commercial Law
  • Presented workshop on preparing interlocutory applications as part of the ADLS Continuing Professional Development programme in May 2017.
  • Litigation Funding: A Practical Guide, a paper presented as part of the ADLS Continuing Legal Education seminar programme in September 2016.
  • Genericism: Death of a Trade Mark - A New Zealand Perspective, a paper co-authored with Julian Miles QC and presented at the 2015 29th Annual Conference of the Intellectual Property Society of Australia and New Zealand
  • Member of the New Zealand Dispute Resolution Centre's Panel of Arbitrators
  • Headnote writer - Intellectual Property Law Reports (2005-2007)
  • International Litigation Issues - a New Zealand perspective (co-authored with Ian Gault), IBA International Litigation News, March 2005