General Background

I act for clients on a wide range of civil and commercial matters.

I was admitted as a barrister and solicitor in 1981 and became a specialist barrister in 1987.  I joined Shortland Chambers in 1989.  I have appeared as senior counsel in literally hundreds of cases in the High Court, the appellant courts and in arbitrations.  I have extensive mediation experience.  I provide opinions and advice and am available to act as an arbitrator.

In 2013 I was appointed Queen’s Counsel.

My success rate in the Court of Appeal alone is more than 80%.

Case History

Court of Appeal (since 1990)

  • Steel Co Ltd v Pipes NZ Ltd – Senior Counsel for successful party in commercial contract case (2016)
  • Wendco (NZ) Ltd v Wiri Licensing Trust & Anor – Senior Counsel re judicial review re development commercial complex – successfully completed (2015)
  • Body Corporate 341188 v Escrow & Ors – Senior Counsel re successful appeal re apartment building’s covenant rights (2015)
  • Watts & Hughes v Complete Siteworks – Senior Counsel re Construction Contracts Act payment schedules (2014)
  • Kim v Lee – Senior Counsel for Plaintiff/Respondent re defamation proceedings – successful damages claim (2012)
  • Johnston v R B Road 391 Ltd – Senior Counsel on appeal for successful party re sale and purchase of industrial property (2012) – successfully opposed leave to Supreme Court (2011)
  • Tisch v Body Corporate 318596 – Senior Counsel for successful party re schemes of arrangement s48 Unit Titles Act (2011)
  • Harlow v Sherman Ltd - Senior Counsel for successful Appellant in farm purchase case (2010)
  • Trustees of Smith Family Trust v R Jones Holdings Ltd - Senior Counsel for Appellant in commercial leasing case (2009)
  • Erceg v Balenia Ltd - sole Counsel for successful Respondent in superyachts purchase case (2009)
  • Erceg v Balenia Ltd - sole Counsel for successful Respondent in evidence procedure case (2008)
  • Avondale Hotel Ltd v Portage Licensing Trust - Sole Counsel for successful Appellant in commercial leasing case (2005)
  • Carter Holt Homes Ltd v Carroll Logging Ltd - Senior Counsel for successful Respondents in commercial forestry logging case (2003)
  • Johnson v Watson - Sole Counsel for successful Appellants in building/constuction case (2002)
  • Specialised Livestock Imports Ltd & Ors v Borrie & Ors - Senior Counsel for successful Respondents in commercial Fair Trading Act /company law case (2002)
  • Clarence Holdings Ltd v Hall & Ors - Sole Counsel for successful Respondent in lease /company law case (2002)
  • Corunna Bay Holdings Ltd v Robert Gracie Dean Ltd - Sole Counsel for Appellant in harbour board lease case (2001)
  • Ellery v Blair - Sole Counsel for successful Respondent in commercial lease case (1998)
  • TVNZ V Quinn - Sole Counsel for successful Respondent in defamation case - awarded record damages in NZ (1996)
  • NZIB Investments Ltd v Nicholson - Sole Counsel for successful Respondent in summary judgment commercial lending case (1995)
  • Bolton v Dawson - Senior Counsel for Appellant in commercial arbitration case (1995)
  • Quinn v NZ Harness Racing Conference - Senior Counsel for successful Appellant in administrative law / judicial review case (1992)
  • Hankins v The Prudential Building & Investment Soc - Sole Counsel for successful Appellant in summary judgment commercial development/lending case (1992)
  • Lomas v Foreland Investments Ltd - Sole Counsel for successful Appellant in commercial lease case (1991)
  • Shell Oil NZ Ltd v Wordcom Investments Ltd - Sole Counsel for successful Appellant in commercial land sale case (1991)
  • Blackman v Grant - Sole Counsel for successful Appellant in land purchase / injunction case (1990)

High Court /District Court /Arbitrations/Mediations

  • A large number (several hundred) of cases in all jurisdictions etc on an ongoing basis since 1981- in respect of the areas of practice as listed

Publications and Seminars

  • Co-author, Laws of New Zealand, "Creditors Remedies"
  • Principal designer and presenter, Auckland District Law Society, "Trial Advocacy" series of courses
  • Writer and presenter:
    • Contract and Property decisions – the Supreme Court’s first decade for NZLS (2015)
    • Written and Oral Advocacy for Legalwise Seminars (2015)
    • Current issues in Leaky Home Litigation for NZLS (2013)
    • Contract Law Seminar re remedies for ADLS (2005)
    • Contrat Law Seminar re concurrent and personal liability for ADLS (2003)
    • Building and Construction Law for LexisNexis (2002)
    • Defamation - recent developments for ADLS (1997)
    • Insolvency Law Developments - for Insolvency law practitioners (1996)
    • Radicals at Large - Contract law damages for ADLS (1995)
    • Contingency Fees - for NZ Bar Association (1994)
    • Update on Contract - Contracts Privity Act for ADLS (1994)
    • High Court Procedure for ADLS (1992)
    • The Summary Judgment Jurisdiction for ADLS (1990)

Graham Kohler QC

Contacts

Add to Shortlist

Qualifications

LLB (Auck), LLM (Auck)

Barrister Sole: 1987

Silk: 2013

Areas of Practice

Qualifications

LLB (Auck), LLM (Auck)

Barrister Sole: 1987

Silk: 2013

General Background

I act for clients on a wide range of civil and commercial matters.

I was admitted as a barrister and solicitor in 1981 and became a specialist barrister in 1987.  I joined Shortland Chambers in 1989.  I have appeared as senior counsel in literally hundreds of cases in the High Court, the appellant courts and in arbitrations.  I have extensive mediation experience.  I provide opinions and advice and am available to act as an arbitrator.

In 2013 I was appointed Queen’s Counsel.

My success rate in the Court of Appeal alone is more than 80%.

Case History

Court of Appeal (since 1990)

  • Steel Co Ltd v Pipes NZ Ltd – Senior Counsel for successful party in commercial contract case (2016)
  • Wendco (NZ) Ltd v Wiri Licensing Trust & Anor – Senior Counsel re judicial review re development commercial complex – successfully completed (2015)
  • Body Corporate 341188 v Escrow & Ors – Senior Counsel re successful appeal re apartment building’s covenant rights (2015)
  • Watts & Hughes v Complete Siteworks – Senior Counsel re Construction Contracts Act payment schedules (2014)
  • Kim v Lee – Senior Counsel for Plaintiff/Respondent re defamation proceedings – successful damages claim (2012)
  • Johnston v R B Road 391 Ltd – Senior Counsel on appeal for successful party re sale and purchase of industrial property (2012) – successfully opposed leave to Supreme Court (2011)
  • Tisch v Body Corporate 318596 – Senior Counsel for successful party re schemes of arrangement s48 Unit Titles Act (2011)
  • Harlow v Sherman Ltd - Senior Counsel for successful Appellant in farm purchase case (2010)
  • Trustees of Smith Family Trust v R Jones Holdings Ltd - Senior Counsel for Appellant in commercial leasing case (2009)
  • Erceg v Balenia Ltd - sole Counsel for successful Respondent in superyachts purchase case (2009)
  • Erceg v Balenia Ltd - sole Counsel for successful Respondent in evidence procedure case (2008)
  • Avondale Hotel Ltd v Portage Licensing Trust - Sole Counsel for successful Appellant in commercial leasing case (2005)
  • Carter Holt Homes Ltd v Carroll Logging Ltd - Senior Counsel for successful Respondents in commercial forestry logging case (2003)
  • Johnson v Watson - Sole Counsel for successful Appellants in building/constuction case (2002)
  • Specialised Livestock Imports Ltd & Ors v Borrie & Ors - Senior Counsel for successful Respondents in commercial Fair Trading Act /company law case (2002)
  • Clarence Holdings Ltd v Hall & Ors - Sole Counsel for successful Respondent in lease /company law case (2002)
  • Corunna Bay Holdings Ltd v Robert Gracie Dean Ltd - Sole Counsel for Appellant in harbour board lease case (2001)
  • Ellery v Blair - Sole Counsel for successful Respondent in commercial lease case (1998)
  • TVNZ V Quinn - Sole Counsel for successful Respondent in defamation case - awarded record damages in NZ (1996)
  • NZIB Investments Ltd v Nicholson - Sole Counsel for successful Respondent in summary judgment commercial lending case (1995)
  • Bolton v Dawson - Senior Counsel for Appellant in commercial arbitration case (1995)
  • Quinn v NZ Harness Racing Conference - Senior Counsel for successful Appellant in administrative law / judicial review case (1992)
  • Hankins v The Prudential Building & Investment Soc - Sole Counsel for successful Appellant in summary judgment commercial development/lending case (1992)
  • Lomas v Foreland Investments Ltd - Sole Counsel for successful Appellant in commercial lease case (1991)
  • Shell Oil NZ Ltd v Wordcom Investments Ltd - Sole Counsel for successful Appellant in commercial land sale case (1991)
  • Blackman v Grant - Sole Counsel for successful Appellant in land purchase / injunction case (1990)

High Court /District Court /Arbitrations/Mediations

  • A large number (several hundred) of cases in all jurisdictions etc on an ongoing basis since 1981- in respect of the areas of practice as listed

Publications and Seminars

  • Co-author, Laws of New Zealand, "Creditors Remedies"
  • Principal designer and presenter, Auckland District Law Society, "Trial Advocacy" series of courses
  • Writer and presenter:
    • Contract and Property decisions – the Supreme Court’s first decade for NZLS (2015)
    • Written and Oral Advocacy for Legalwise Seminars (2015)
    • Current issues in Leaky Home Litigation for NZLS (2013)
    • Contract Law Seminar re remedies for ADLS (2005)
    • Contrat Law Seminar re concurrent and personal liability for ADLS (2003)
    • Building and Construction Law for LexisNexis (2002)
    • Defamation - recent developments for ADLS (1997)
    • Insolvency Law Developments - for Insolvency law practitioners (1996)
    • Radicals at Large - Contract law damages for ADLS (1995)
    • Contingency Fees - for NZ Bar Association (1994)
    • Update on Contract - Contracts Privity Act for ADLS (1994)
    • High Court Procedure for ADLS (1992)
    • The Summary Judgment Jurisdiction for ADLS (1990)