Selected Recent Cases

  • Counsel in defamation disputes acting for variety of parties including print and electronic media, producers and individuals
  • Regularly instructed for corporates and individuals in matters involving media and privacy issues including by way of injunctive relief
  • Regularly instructed in commercial and securities litigation, including regulatory investigation and prosecution including Financial Markets Authority and Commerce Commission (competition, misleading conduct etc) investigations/prosecutions
  • Acted in numerous matters involving finance company litigation including insurance and insolvency issues
  • Regularly appointed by insurers to defend parties in complex commercial litigation (including directors and officers liability), class actions and media litigation 
  • Regularly instructed by insurers and by insureds in relation to insurance policy coverage and related issues
  • Counsel for a defendant in long running representative shareholder proceedings following liquidation of Feltex Carpets Ltd
  • Acting in numerous professional negligence cases defending professionals including solicitors, patent attorneys, accountants, engineers, architects
  • Corporate fraud
  • Tax litigation

Professional Activities

  • Admitted to the Bar in 1988
  • Partner Heaney Jones 1993 to 1996
  • Partner Jones Fee 1996 to 2004
  • Practising as barrister-sole from 2004
  • Queen's Counsel 2013

Case History

  • Commissioner of Inland Revenue v Trustpower Ltd [2015] NZCA 253 (appeal on capital and revenue issues)
  • Houghton v Saunders [2015] 2 NZLR 74 (3 month trial of representative securities action by shareholders of public company)
  • Craig v MediaWorks Ltd [2014] NZHC 1875, [2014] NZAR 973 (application for injunction to restrain broadcaster from holding an electoral debate excluding a leader of a minor party)
  • TrustPower Ltd v Commissioner of Inland Revenue [2014] 2 NZLR 502
  • Ayers v LexisNexis NZ Ltd [2012] NZHC 3055, [2012] 21 PRNZ 313 (defamation, remedies)
  • The Baby Hammock Co Ltd v A J Park Law [2012] NZHC 1061 (professional negligence, fiduciary obligations)
  • Dorchester Finance Ltd v Christchurch Foodcourts Ltd High Court, Auckland, 3 September 2010 - commercial lending and guarantees/fair trading/contractual remedies
  • Houghton & anor v Saunders & ors [2009] NZCA 610 - representative orders/maintenance and champerty/fiduciary duties
  • Northern Dairylands Ltd v Maxted [2008] BCL 465 - contracting intention/certainty of contract terms
  • Wool Board Disestablishment Company Ltd v Saxmere Company Ltd [2007] NZCA 349 - public law/tort
  • Ransfield v Radio Network Limited [2005] 1 NZLR 233 (HC) - Bill of Rights issues concerning right of individuals to be given air-time
  • Gordon v Juken New Zealand Limited [2005] DCR 503 - defence of company charged under health and safety legislation
  • Stewart Re Price v Smith [2004] 1 NZLR 354 (CA) - appeal on limitation/equity issues
  • Mitchell v Sprott [2002] 1 NZLR 766 (CA) - honest opinion defence in defamation
  • Television New Zealand Ltd v Ah Koy [2002] 2 NZLR 616 (CA) - mitigation of damages in defamation
  • Interclean Industrial Services v Auckland Regional Council [2000] 3 NZLR 489 (HC) - appeal on costs in criminal cases
  • Juken Nissho Ltd v Northland Regional Council [2000] 2 NZLR 556 (CA) - criminal burden of proof in summary proceedings; resource management
  • New Zealand Forest Products Ltd v New Zealand Insurance Co Ltd [1996] 2 NZLR 20 (CA) - directors and officers insurance coverage; allocation of defence costs between covered and uncovered causes of action
  • Bolton v New Zealand Insurance [1995] 1 NZLR 224 (HC) - defence of insurer in marine insurance coverage case
  • Countrywide Banking Corporation Ltd v State Insurance (1997) 9 ANZ Insurance Cases 76,962; [1993] 3 NZLR 745 (HC) - appeal for insured in insurance coverage dispute
  • Benson v Ship Builders Ltd [1992] 3 NZLR 549 (CA) - neglience/bailment

Daniel McLellan QC

Contacts

Add to Shortlist

Qualifications

LLB (Cant) (1987)

Barrister Sole: 2004

Silk: 2013

Areas of Practice

Qualifications

LLB (Cant) (1987)

Barrister Sole: 2004

Silk: 2013

Selected Recent Cases

  • Counsel in defamation disputes acting for variety of parties including print and electronic media, producers and individuals
  • Regularly instructed for corporates and individuals in matters involving media and privacy issues including by way of injunctive relief
  • Regularly instructed in commercial and securities litigation, including regulatory investigation and prosecution including Financial Markets Authority and Commerce Commission (competition, misleading conduct etc) investigations/prosecutions
  • Acted in numerous matters involving finance company litigation including insurance and insolvency issues
  • Regularly appointed by insurers to defend parties in complex commercial litigation (including directors and officers liability), class actions and media litigation 
  • Regularly instructed by insurers and by insureds in relation to insurance policy coverage and related issues
  • Counsel for a defendant in long running representative shareholder proceedings following liquidation of Feltex Carpets Ltd
  • Acting in numerous professional negligence cases defending professionals including solicitors, patent attorneys, accountants, engineers, architects
  • Corporate fraud
  • Tax litigation

Professional Activities

  • Admitted to the Bar in 1988
  • Partner Heaney Jones 1993 to 1996
  • Partner Jones Fee 1996 to 2004
  • Practising as barrister-sole from 2004
  • Queen's Counsel 2013

Case History

  • Commissioner of Inland Revenue v Trustpower Ltd [2015] NZCA 253 (appeal on capital and revenue issues)
  • Houghton v Saunders [2015] 2 NZLR 74 (3 month trial of representative securities action by shareholders of public company)
  • Craig v MediaWorks Ltd [2014] NZHC 1875, [2014] NZAR 973 (application for injunction to restrain broadcaster from holding an electoral debate excluding a leader of a minor party)
  • TrustPower Ltd v Commissioner of Inland Revenue [2014] 2 NZLR 502
  • Ayers v LexisNexis NZ Ltd [2012] NZHC 3055, [2012] 21 PRNZ 313 (defamation, remedies)
  • The Baby Hammock Co Ltd v A J Park Law [2012] NZHC 1061 (professional negligence, fiduciary obligations)
  • Dorchester Finance Ltd v Christchurch Foodcourts Ltd High Court, Auckland, 3 September 2010 - commercial lending and guarantees/fair trading/contractual remedies
  • Houghton & anor v Saunders & ors [2009] NZCA 610 - representative orders/maintenance and champerty/fiduciary duties
  • Northern Dairylands Ltd v Maxted [2008] BCL 465 - contracting intention/certainty of contract terms
  • Wool Board Disestablishment Company Ltd v Saxmere Company Ltd [2007] NZCA 349 - public law/tort
  • Ransfield v Radio Network Limited [2005] 1 NZLR 233 (HC) - Bill of Rights issues concerning right of individuals to be given air-time
  • Gordon v Juken New Zealand Limited [2005] DCR 503 - defence of company charged under health and safety legislation
  • Stewart Re Price v Smith [2004] 1 NZLR 354 (CA) - appeal on limitation/equity issues
  • Mitchell v Sprott [2002] 1 NZLR 766 (CA) - honest opinion defence in defamation
  • Television New Zealand Ltd v Ah Koy [2002] 2 NZLR 616 (CA) - mitigation of damages in defamation
  • Interclean Industrial Services v Auckland Regional Council [2000] 3 NZLR 489 (HC) - appeal on costs in criminal cases
  • Juken Nissho Ltd v Northland Regional Council [2000] 2 NZLR 556 (CA) - criminal burden of proof in summary proceedings; resource management
  • New Zealand Forest Products Ltd v New Zealand Insurance Co Ltd [1996] 2 NZLR 20 (CA) - directors and officers insurance coverage; allocation of defence costs between covered and uncovered causes of action
  • Bolton v New Zealand Insurance [1995] 1 NZLR 224 (HC) - defence of insurer in marine insurance coverage case
  • Countrywide Banking Corporation Ltd v State Insurance (1997) 9 ANZ Insurance Cases 76,962; [1993] 3 NZLR 745 (HC) - appeal for insured in insurance coverage dispute
  • Benson v Ship Builders Ltd [1992] 3 NZLR 549 (CA) - neglience/bailment