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Profile
My practice is focused on commercial, regulatory and public law cases in the High Court. I am one of New Zealand’s leading counsel for major commercial disputes and one of a small number of silks listed in Band 1 by Chambers & Partners and the Legal 500. I have over 20 years’ litigation experience and was appointed Queen’s Counsel (now King’s Counsel) in 2019. Before joining Shortland Chambers in 2016, I was a partner for eight years at Gilbert Walker. Earlier in my career I worked at the Court of Appeal as Judge's Clerk to the late Sir Ivor Richardson, at Russell McVeagh, and for four years in the litigation team at Herbert Smith in London.
In the past few years, I have appeared in banking, company, contract, negligence and regulatory proceedings for clients including ANZ, BNZ, Calibre Partners, the Commerce Commission, Kiwi Property, Metlifecare, Precinct, Rabobank, RITANZ, Vector, Vero and Westpac. I have a long-held interest in public law, which was the focus of my post-graduate studies, and I have acted for and against decision-makers in judicial review cases. In 2023, I appeared for the plaintiff in a ten-week High Court trial of issues remitted by the Supreme Court in the historic Wakatū proceedings.
I hold a BA/LLB (Hons) from the University of Auckland and an LLM from Harvard University, which I attended as a Fulbright Scholar. I was admitted to the bar in New Zealand in 1998, in New York in 2003, and as a solicitor in England & Wales in 2003.
I have contributed to legal education and the profession as a lecturer in public law at the University of Auckland, as a regular faculty member on the Litigation Skills course, and as a Law Society Standards Committee member. I currently sit on the New Zealand Lawyers and Conveyancers Disciplinary Tribunal; I am the New Zealand reporter for the Institute for Transnational Arbitration; and I am on the steering committee and a sponsor of a law school scholarships programme.
Profile
My practice is focused on commercial, regulatory and public law cases in the High Court. I am one of New Zealand’s leading counsel for major commercial disputes and one of a small number of silks listed in Band 1 by Chambers & Partners and the Legal 500. I have over 20 years’ litigation experience and was appointed Queen’s Counsel (now King’s Counsel) in 2019. Before joining Shortland Chambers in 2016, I was a partner for eight years at Gilbert Walker. Earlier in my career I worked at the Court of Appeal as Judge's Clerk to the late Sir Ivor Richardson, at Russell McVeagh, and for four years in the litigation team at Herbert Smith in London.
In the past few years, I have appeared in banking, company, contract, negligence and regulatory proceedings for clients including ANZ, BNZ, Calibre Partners, the Commerce Commission, Kiwi Property, Metlifecare, Precinct, Rabobank, RITANZ, Vector, Vero and Westpac. I have a long-held interest in public law, which was the focus of my post-graduate studies, and I have acted for and against decision-makers in judicial review cases. In 2023, I appeared for the plaintiff in a ten-week High Court trial of issues remitted by the Supreme Court in the historic Wakatū proceedings.
I hold a BA/LLB (Hons) from the University of Auckland and an LLM from Harvard University, which I attended as a Fulbright Scholar. I was admitted to the bar in New Zealand in 1998, in New York in 2003, and as a solicitor in England & Wales in 2003.
I have contributed to legal education and the profession as a lecturer in public law at the University of Auckland, as a regular faculty member on the Litigation Skills course, and as a Law Society Standards Committee member. I currently sit on the New Zealand Lawyers and Conveyancers Disciplinary Tribunal; I am the New Zealand reporter for the Institute for Transnational Arbitration; and I am on the steering committee and a sponsor of a law school scholarships programme.
Profile
My practice is focused on commercial, regulatory and public law cases in the High Court. I am one of New Zealand’s leading counsel for major commercial disputes and one of a small number of silks listed in Band 1 by Chambers & Partners and the Legal 500. I have over 20 years’ litigation experience and was appointed Queen’s Counsel (now King’s Counsel) in 2019. Before joining Shortland Chambers in 2016, I was a partner for eight years at Gilbert Walker. Earlier in my career I worked at the Court of Appeal as Judge's Clerk to the late Sir Ivor Richardson, at Russell McVeagh, and for four years in the litigation team at Herbert Smith in London.
In the past few years, I have appeared in banking, company, contract, negligence and regulatory proceedings for clients including ANZ, BNZ, Calibre Partners, the Commerce Commission, Kiwi Property, Metlifecare, Precinct, Rabobank, RITANZ, Vector, Vero and Westpac. I have a long-held interest in public law, which was the focus of my post-graduate studies, and I have acted for and against decision-makers in judicial review cases. In 2023, I appeared for the plaintiff in a ten-week High Court trial of issues remitted by the Supreme Court in the historic Wakatū proceedings.
I hold a BA/LLB (Hons) from the University of Auckland and an LLM from Harvard University, which I attended as a Fulbright Scholar. I was admitted to the bar in New Zealand in 1998, in New York in 2003, and as a solicitor in England & Wales in 2003.
I have contributed to legal education and the profession as a lecturer in public law at the University of Auckland, as a regular faculty member on the Litigation Skills course, and as a Law Society Standards Committee member. I currently sit on the New Zealand Lawyers and Conveyancers Disciplinary Tribunal; I am the New Zealand reporter for the Institute for Transnational Arbitration; and I am on the steering committee and a sponsor of a law school scholarships programme.
Areas of practice
Additional information
I have appeared as counsel in over 150 matters with published decisions as well as in many arbitrations and mediations that led to confidential awards or settlements. I have listed some of my recent engagements below, by subject area.
Banking & Financial Services – I was lead counsel for ANZ in Bushline v ANZ [2017] NZHC 2520, [2019] NZCA 245, [2020] NZSC 71 and Cygnet Farms v ANZ [2017] 2 NZLR 538 (both concerning interest rate swaps and the former including a successful appeal to the Supreme Court). I appeared for the Commerce Commission in Commerce Commission v Home Direct [2019] 3 NZLR 904 (the first case concerning the unfair contract terms provisions of the Fair Trading Act); for Torchlight in Wilaci v Torchlight [2015] NZHC 2559, [2017] NZCA 152 (loan agreements, law of penalties); as Counsel Assisting the Court in Diners Club v District Court [2017] NZHC 2616 (consumer credit); and for Westpac in Targa Capital v Westpac New Zealand [2023] NZHC 230 (termination of banking relationships, economic sanctions). I acted for ANZ in the Ross Asset Management class action and I am currently acting for ANZ in the CCCFA class action (class issues are addressed in Simons & Ors v ANZ & ASB [2022] NZHC 2843). Earlier in my career, at Herbert Smith, I worked on a long-running case in Italy concerning the use of financial instruments by Parmalat.
Company & Securities – I was lead counsel for Metlifecare in its high profile takeover dispute with EQT. The case concerned a MAC clause allegedly triggered by the Covid-19 pandemic; procedural issues were addressed in Metlifecare v Asia Pacific Village Group [2020] NZHC 1184 and the broader dispute settled. I have acted a number of times for Calibre Partners in receivership and liquidation matters, including in relation to Claymark (Clayton v Jackson [2020] NZHC 2666), Ormiston Rise (Jackson v Grant [2022] NZHC 2113) and CBL. I provided advice to numerous listed companies in connection with capital raisings and other urgent legal issues arising during New Zealand’s Covid-19 national lockdown.
Injunctive Relief – I have acted many times for parties seeking or resisting urgent injunctive relief, including as lead counsel for Vector in the High Court and the Court of Appeal in Intellihub v Genesis & Vector [2020] NZHC 807, [2020] NZCA 344 (economic torts); for Calibre Partners in Clayton v Jackson (above); for Mad Butcher in Mad Butcher Holdings v Standard 730 [2019] NZHC 589 (restraint of trade); and for Westpac in Targa Capital v Westpac New Zealand (above). I appeared for the successful applicant for freezing orders in WH v YL [2021] NZHC 3434 and in sustaining those orders in the renamed Harper v Love [2022] NZHC 2256.
Insurance – I have acted for many of New Zealand’s major insurers, including regularly over the past 15 years for Vero Liability. I have advised both insurers and insured parties on a huge range of indemnity and policy-interpretation issues, including in matters arising from the Canterbury earthquakes, the Convention Centre fire and the Covid-19 pandemic.
Negligence & Professional Liability – I have acted for many of New Zealand’s largest law and accounting firms in professional liability matters. Most of these claims settle, but recent public matters include Mason v Dodd [2020] NZHC 1508 (accountant liability), Deliu v New Zealand Police [2018] NZHC 2004 (counsel recusal) and Easton v Larsen [2016] NZHC 2234, [2017] NZCA 258 (trustee liability). I acted for a defendant in the long-running Fuji Xerox litigation, including in a partially-successful strike out application: see Fuji Xerox v Whittaker and others [2021] NZHC 1469 (directors' duties, negligence). Some older cases in this category, all as lead or sole counsel at trial, include Tompkins v Wensley [2012] NZHC 1863 (misrepresentation), Motorworld v Turners [2010] NZCCLR 30 (conversion, auctioneers’ duties) and Securities Registry v Gomes [2008] BCL 69, [2008] NZCA 567, [2009] NZSC 37 (accountant liability, misrepresentation).
Regulatory & Public Law – I appeared as lead counsel for RITANZ in Grant v RITANZ [2020] NZHC 2876 and Kamal v RITANZ [2021] NZHC 1626, [2021] NZCA 514 (judicial review, professional licensing); for the Commerce Commission in the Home Direct case referred to above; as Counsel Assisting the Court in Xiao v Dept of Internal Affairs [2019] 3 NZLR 622 (CA) (money laundering); for ANZ (with Alan Galbraith QC) in the High Court and the Court of Appeal in ANZ v Financial Markets Authority [2018] 3 NZLR 377, [2018] NZCA 590 (judicial review, disclosure of documents); and for Vector in the High Court and the Court of Appeal (with Jim Farmer QC) in Vector v Electricity Authority [2017] NZHC 1774, [2018] NZCA 543, [2019] NZCA 49 (judicial review). I acted for the Commerce Commission in Commerce Commission v Strandbags [2022] NZDC (Fair Trading Act prosecution) and Commerce Commission v Callplus [2022] NZHC 3156 (uninvited direct sales). I am a member of the plaintiff team for the remedies phase of the landmark Wakatū proceedings. I have acted many times for clients responding to investigations by the Commerce Commission, the Financial Markets Authority and the Serious Fraud Office. At Herbert Smith, I acted for the United States Securities and Exchange Commission in major asset recovery proceedings in the Isle of Man.
Trusts – I was lead counsel for a beneficiary in a five-week trial and on appeal in one of New Zealand’s largest trust cases: Green v Green [2015] NZHC 1218, [2016] NZCA 486, [2017] 2 NZLR 321.
I have appeared as counsel in over 150 matters with published decisions as well as in many arbitrations and mediations that led to confidential awards or settlements. I have listed some of my recent engagements below, by subject area.
Banking & Financial Services – I was lead counsel for ANZ in Bushline v ANZ [2017] NZHC 2520, [2019] NZCA 245, [2020] NZSC 71 and Cygnet Farms v ANZ [2017] 2 NZLR 538 (both concerning interest rate swaps and the former including a successful appeal to the Supreme Court). I appeared for the Commerce Commission in Commerce Commission v Home Direct [2019] 3 NZLR 904 (the first case concerning the unfair contract terms provisions of the Fair Trading Act); for Torchlight in Wilaci v Torchlight [2015] NZHC 2559, [2017] NZCA 152 (loan agreements, law of penalties); as Counsel Assisting the Court in Diners Club v District Court [2017] NZHC 2616 (consumer credit); and for Westpac in Targa Capital v Westpac New Zealand [2023] NZHC 230 (termination of banking relationships, economic sanctions). I acted for ANZ in the Ross Asset Management class action and I am currently acting for ANZ in the CCCFA class action (class issues are addressed in Simons & Ors v ANZ & ASB [2022] NZHC 2843). Earlier in my career, at Herbert Smith, I worked on a long-running case in Italy concerning the use of financial instruments by Parmalat.
Company & Securities – I was lead counsel for Metlifecare in its high profile takeover dispute with EQT. The case concerned a MAC clause allegedly triggered by the Covid-19 pandemic; procedural issues were addressed in Metlifecare v Asia Pacific Village Group [2020] NZHC 1184 and the broader dispute settled. I have acted a number of times for Calibre Partners in receivership and liquidation matters, including in relation to Claymark (Clayton v Jackson [2020] NZHC 2666), Ormiston Rise (Jackson v Grant [2022] NZHC 2113) and CBL. I provided advice to numerous listed companies in connection with capital raisings and other urgent legal issues arising during New Zealand’s Covid-19 national lockdown.
Injunctive Relief – I have acted many times for parties seeking or resisting urgent injunctive relief, including as lead counsel for Vector in the High Court and the Court of Appeal in Intellihub v Genesis & Vector [2020] NZHC 807, [2020] NZCA 344 (economic torts); for Calibre Partners in Clayton v Jackson (above); for Mad Butcher in Mad Butcher Holdings v Standard 730 [2019] NZHC 589 (restraint of trade); and for Westpac in Targa Capital v Westpac New Zealand (above). I appeared for the successful applicant for freezing orders in WH v YL [2021] NZHC 3434 and in sustaining those orders in the renamed Harper v Love [2022] NZHC 2256.
Insurance – I have acted for many of New Zealand’s major insurers, including regularly over the past 15 years for Vero Liability. I have advised both insurers and insured parties on a huge range of indemnity and policy-interpretation issues, including in matters arising from the Canterbury earthquakes, the Convention Centre fire and the Covid-19 pandemic.
Negligence & Professional Liability – I have acted for many of New Zealand’s largest law and accounting firms in professional liability matters. Most of these claims settle, but recent public matters include Mason v Dodd [2020] NZHC 1508 (accountant liability), Deliu v New Zealand Police [2018] NZHC 2004 (counsel recusal) and Easton v Larsen [2016] NZHC 2234, [2017] NZCA 258 (trustee liability). I acted for a defendant in the long-running Fuji Xerox litigation, including in a partially-successful strike out application: see Fuji Xerox v Whittaker and others [2021] NZHC 1469 (directors' duties, negligence). Some older cases in this category, all as lead or sole counsel at trial, include Tompkins v Wensley [2012] NZHC 1863 (misrepresentation), Motorworld v Turners [2010] NZCCLR 30 (conversion, auctioneers’ duties) and Securities Registry v Gomes [2008] BCL 69, [2008] NZCA 567, [2009] NZSC 37 (accountant liability, misrepresentation).
Regulatory & Public Law – I appeared as lead counsel for RITANZ in Grant v RITANZ [2020] NZHC 2876 and Kamal v RITANZ [2021] NZHC 1626, [2021] NZCA 514 (judicial review, professional licensing); for the Commerce Commission in the Home Direct case referred to above; as Counsel Assisting the Court in Xiao v Dept of Internal Affairs [2019] 3 NZLR 622 (CA) (money laundering); for ANZ (with Alan Galbraith QC) in the High Court and the Court of Appeal in ANZ v Financial Markets Authority [2018] 3 NZLR 377, [2018] NZCA 590 (judicial review, disclosure of documents); and for Vector in the High Court and the Court of Appeal (with Jim Farmer QC) in Vector v Electricity Authority [2017] NZHC 1774, [2018] NZCA 543, [2019] NZCA 49 (judicial review). I acted for the Commerce Commission in Commerce Commission v Strandbags [2022] NZDC (Fair Trading Act prosecution) and Commerce Commission v Callplus [2022] NZHC 3156 (uninvited direct sales). I am a member of the plaintiff team for the remedies phase of the landmark Wakatū proceedings. I have acted many times for clients responding to investigations by the Commerce Commission, the Financial Markets Authority and the Serious Fraud Office. At Herbert Smith, I acted for the United States Securities and Exchange Commission in major asset recovery proceedings in the Isle of Man.
Trusts – I was lead counsel for a beneficiary in a five-week trial and on appeal in one of New Zealand’s largest trust cases: Green v Green [2015] NZHC 1218, [2016] NZCA 486, [2017] 2 NZLR 321.
BA/LLB (Hons) (Auckland)
LLM (Harvard)
Admissions: New Zealand (1998), New York (2003),
England & Wales (2003)
Barrister Sole: 2016
Silk: 2019
