Cases

I act for a range of businesses and individuals, from New Zealand and overseas.  I am instructed by firms of all sizes including a number of specialist intellectual property firms.

I practise from Shortland Chambers in Auckland, one of New Zealand’s largest and longest-established sets of barristers’ chambers. I have appeared as sole or lead counsel in the Court of Appeal, High Court, District Court, the Intellectual Property Office of New Zealand (IPONZ) and other tribunals. I have also acted for clients in arbitrations, mediations and judicial settlement conferences.

I have particular expertise in intellectual property and have acted as counsel in cases involving copyright, trade mark infringement and registrability (including IPONZ oppositions), patents, design rights, passing off, the Fair Trading Act, domain name issues and breach of confidence/misuse of confidential information.  I regularly advise and act on interim injunction disputes for both plaintiffs and defendants.  I was named as a “Recommended” barrister for intellectual property and technology, media and telecommunications (TMT) disputes by Doyle’s Guide in 2016.

In addition to intellectual property, I act on a wide range of other types of disputes and have recently acted on matters involving:

  • contractual issues;
  • technology disputes;
  • media law, including pre-publication defamation advice for publishers/broadcasters and recipients of requests for comments, defamation claims and advertising standards complaints;
  • land and property disputes including leases, caveats, agreements for sale and purchase and the leading case on partition under the Property Law Act;
  • franchise agreements;
  • trusts;
  • shareholder disputes and other Companies Act issues;
  • insolvency; and
  • judicial review.
  • A selection of my recent cases is set out below.

    MAN AG v Shaanxi Heavy-Duty Automobile Co. (High Court, 2017)

    Acting for the appellant on an appeal to the High Court in relation to a trade mark opposition. Decision reserved.

    Craig v Social Media Consultants Limited (High Court, 2017)

    Acting for the appellant in successful appeal against a decision of the District Court striking out a claim for copyright infringement relating to a poem.

    Oraka Technologies Limited v Geostel Vision Limited (High Court, 2017)

    Acting for the first and second defendants in a 6 day hearing in the High Court regarding for an inquiry into user principle/notional licence fee damages for copyright infringement. Decision reserved.

    Wendco v Auckland Council and Wiri Licensing Trust (High Court, 2014, Court of Appeal, 2015, Supreme Court 2016)

    Counsel for second respondent (in High Court) in relation to judicial review of the Council's decision to grant a resource consent on a non-notified basis. Also counsel on appeals, succeeded in Supreme Court [2017] 1 NZLR 1008.

    Geostel Vision Limited v Oraka Technologies Limited (Court of Appeal, 2016)

    Instructed for a successful appeal by the second and third appellants ([2016] NZCA 554, [2017] 2 NZLR 611) against the largest award of copyright damages in New Zealand history (NZ$4.1m). Case remitted to High Court for further inquiry into damages.

    Bayly v Hicks (High Court, 2011 ((2011) 13 NZCPR 568), Court of Appeal, 2012 ([2013] 2 NZLR 401), High Court, 2015 and Court of Appeal

    Acting for respondents in relation to application for partition under the Property Law Act of a significant coastal/rural property in the Bay of Islands. Successful in High Court in 2011, upheld on appeal, successful in High Court in 2015.

    Yellow Holdings Limited v Eurobelt Limited (High Court, 2016)

    Acting for the defendant in opposing an interim injunction application in the High Court regarding use of a domain name.

    (Confidential) (2016)

    Advising on response to journalist's request for comment regarding potentially defamatory article

    Starik Family Trust v Auckland Council (WHT, Feb 2016)

    Counsel for the fifth respondent, labour-only builder (found not to be liable). Six day hearing in the Weathertight Homes Tribunal.

    (Confidential) (High Court, 2015)

    Advising on shareholder dispute involving lease and directors' duties disputes, and applications under sections 174 and 241 of the Companies Act

    (Confidential) (High Court, 2015)

    Acting for plaintiff on application for interim injunction on breach of confidence claim (settled by undertakings after proceedings filed).

    Commercial Metals Limited v Wright (High Court, (2014) 15 NZCPR 467 and Court of Appeal [2015] NZCA 450)

    Opposition to application for summary judgment in the High Court on contract claim, upheld in the Court of Appeal.

    Marr v Parkin (High Court, 2014 and Court of Appeal, 2015)

    Counsel for the defendant in defending claim relating to purchase of a residential property (4 day trial). Issues included agency, knowing receipt, competing equitable priorities and the Credit Contracts and Consumer Finance Act. Upheld on appeal.

    Wendco v Wiri Licensing Trust (High Court, 2014)

    Counsel for the defendant in opposing application for interim injunction regarding lease dispute.

    Merial Limited v Bayer New Zealand Limited (High Court, 2013)

    Acting for plaintiff in relation to intellectual property infringement proceedings.

    Horton v Cowley (High Court, 2012-13)

    Acting for liquidator in relation to recovery of proceeds of insolvent transactions and voidable charges.

    Sanitarium v Savage Imports Limited (High Court, 2012-13)

    Acting for respondents in defending application by Sanitarium for summary judgment seeking destruction of a shipment of British Marmite.

    PureDepth Limited v NCP Trading Limited (High Court, 2010)

    Acting for defendants on opposition to application for interim injunction on claim for patent infringement relating to display screens.

    Reckitt Benckiser NV v Quantum Pacific Limited (IPONZ, 2008)

    Acting for opponent, Reckitt Benckiser, in relation to trade mark opposition.

    Osmose New Zealand v Wakeling [2007] 1 NZLR 841 (High Court, 2007)

    Counsel for plaintiff in relation to interlocutory application on defamation proceeding.