New Zealand

Review

Dispute resolution
Bell Gully

Top full-service law firm Bell Gully is home to one of the largest and most respected dispute resolution teams in the country, with 12 dedicated litigation partners. The firm encompasses a full range of practice areas and sectors, at all court levels, and utilises all forms of dispute resolution, including arbitration and mediation. The firm regularly features in the country’s most complex and landmark contentious matters. Its class action, insolvency, construction, regulatory and insurance specialties are noteworthy. The firm also boasts a strong Iwi and Maori practice.

The litigation team heads are Wellington-based Rachael Brown and Auckland-based David Friar. They lead a team of nearly 50 qualified dispute resolution lawyers.

In an ongoing case, the firm is acting for ANZ Bank New Zealand in a class action in respect of alleged breaches by several national banks of disclosure requirements under the Credit Contracts and Consumer Finance Act 2003 (CCCFA). The case is the largest class action in New Zealand to date and will be the first major test of the provisions in the CCCFA relating to agreed changes to consumer credit contracts, and potentially also the provisions allowing for compensation and agreed damages. It has the potential to set a significant precedent for the banking industry in New Zealand.

Core clients of the firm include AWN Holdings, CDL Investments New Zealand, Millennium & Copthorne and Fletcher Construction Company.

The firm promoted Alix Boberg, Rosemary Wooders and Julian Brown to partners in 2023. In the same year, Jenny Stevens retired from partnership.

Client feedback
“They are a very good team and provide very good services overall for any dispute matters.” – Construction

Provide superb legal and strategic advice.” – Construction

Everything, but especially their attention to detail, their great preparation and excellent presentation/performance at the arbitration itself.” – Real estate

Alix Boberg
"Great communication skills, remarkable attention to detail, and exceptional performance in the arbitration setting."

Kirsty Dobbs
“Incredibly hard-working, client-focused and strategic.”

Brad Ward
"Brad is highly responsive, thoughtful, and offers valuable and equitable advice."

Buddle Findlay

Buddle Findlay has an experienced and consistent dispute resolution team, with seven partners permanently based across Auckland, Wellington and Christchurch. Having leading litigators stationed in all three of the country’s city centres gives it a competitive advantage in its relationships with judges and senior practitioners in each area. In addition to a strong commercial litigation practice, the team is known for its insolvency work.

Scott Barker heads the dispute resolution group that includes specialists David Broadmore, Sherridan Cook, Willie Palmer, Kelly Paterson and Susan Rowe.

In the commercial and transactions space, the firm is acting for New Zealand Blood and Organ Service (NZBS) in an urgent judicial review to oppose orders requiring NZBS to provide a directed donation of blood sourced from donors unvaccinated with a Covid-19 vaccine which was needed for urgent surgery for a baby. The case goes beyond its immediate impact, as it raises broader concerns about the safety and efficacy of Covid-19 vaccines and their potential effects on the national blood supply. Given its significance, this internationally reported case has garnered substantial attention from both local and international media outlets.

Key clients include Buller Electricity, MB Technology, New Zealand Steel and Southern Response Earthquake Services.

The firm promoted Luke Sizer and Bridie McKinnon to partners in January 2023.

Client feedback
“Concise and commercial.” – Banking and financial services

“Accessible and responsive partners.” – Class actions

Provide good overview of potential liability, using knowledge of our business to suggest commercially pragmatic options for settlement of points of likely contention.” – Commercial and transactions

Buddle Findlay is the unsung giant of the New Zealand litigation sector. It has an extensive team through the country with an excellent, commercial and hard-hitting team of litigation partners.” – Commercial arbitration

"They take the time to thoroughly understand the case, immersing themselves in research to examine the legislative background and relevant case law. They also seek expert assistance on technical and legal issues, ensuring comprehensive preparation. Their submissions are of first-class quality, and they make the effort to understand the defence thoroughly, preparing strong rebuttal arguments and responses." – Energy

Scott Barker
“Confident in position and outcomes, thinks well on his feet, thinks outside the box.”

David Broadmore
“He is very commercial and efficient. He gives clear advice and is pragmatic.”

Kelly Paterson
"Accessible, responsive, pragmatic, open to feedback, and highly skilled at managing deadlines and timeframes for work."

“Kelly is a superb lawyer with a wonderful eye for detail and a keen sense of the overall picture. She is a pleasure to work with and is well-loved by her clients.”

Dentons Kensington Swan

Dentons Kensington Swan is highly regarded for its expertise in government and regulatory matters, infrastructure, and commercial litigation in New Zealand. The firm stands out with its extensive and dedicated dispute resolution team, comprising five partners who are renowned experts in their field.

The firm’s Auckland office, led by David Campbell, excels in infrastructure, corporate, and commercial disputes. Under the guidance of James McMillan, it is also a key player in insolvency law, assisting creditors and insolvency practitioners dealing with financially distressed businesses. On the other hand, the Wellington office, led by Hayden Wilson, specialises in public and administrative law litigation. In addition, the firm represents international clients in their interactions with the New Zealand government, including high-profile disputes like Serco's case against the Department of Corrections.

One case sample sees the firm acting for the liquidators of Ocean Energy Innovation on litigation options and commencing legal proceedings for recovery of an unpaid current account against the sole director and shareholder of the company.

Key clients include Accident Compensation Corporation, Earthquake Commission, Engineering New Zealand, HSBC and Upper Hutt City Council.

Gilbert Walker

Auckland-based Gilbert Walker is a specialist dispute resolution firm offering a full suite of litigation services for complex commercial disputes and regulatory matters. It often features alongside and against the leading full-service firms and top Queen’s Counsel. During the research period, the firm was active in at least half of the key litigations that dominated press headlines.

Partners and commercial and corporate disputes specialists Matthew Harris, Iva Rosic and Martin Smith lead the team. Recently, they were appointed to a panel as part of the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions in Aoteoroa, New Zealand.

K3 Legal

Litigation boutique K3 Legal offers a broad range of litigious representation in tandem with its brand partners K3 Accounting and K3 Consulting. Based in Auckland, the law firm focuses on civil and commercial disputes, but has noteworthy experience in contentious insolvency, property, construction, resource management and relationship property disputes. It is also active in the criminal litigation space. A unique trait of the firm is its growing Chinese clientele, as it has five lawyers, including two directors, and four legal assistants who are fluent in Mandarin.

The four main directors of the disputes practice are James Nolen, Edwin Morrison, Toni Brown and Jeff Walters.

Lindsay Francis & Mangan

Litigation specialist Lindsay Francis & Mangan specialises in business litigation and arbitration. They are frequently engaged by both international and domestic clients for high-value disputes. Their expertise lies in corporate and commercial matters, particularly complex contract disputes, corporate governance, securities and competition litigation, and regulatory defence, as well as cross-border litigation and arbitration cases.

Timothy J Lindsay and Kim Francis are prominent figures within the firm, known for their exceptional expertise. They possess extensive experience as counsel in international arbitration proceedings, making them invaluable members of the team. Senior associate Thomas Westaway is also a notable figure. Their collective knowledge and proficiency enhance the firm's capabilities in handling complex and challenging international arbitration cases.

In a significant case highlight, the firm successfully settled more than NZ$800 million ($481 million) in claims against its clients, the former chairman and other independent non-executive directors of dual-listed reinsurer CBL Corporation, in numerous proceedings arising from the collapse of CBL Corporation in 2018. This included two different litigation funded shareholder class actions, two separate liquidator claims, and enforcement proceedings brought by New Zealand’s financial markets regulator, the Financial Markets Authority.

Enviro Waste Services, Macquarie Capital and PBL Solutions are some of the firm’s key clients.

Client feedback
“Provides excellent advice. Executes work well. Keeps us well informed. Committed to our success and needs. Involves us in all important decisions. Advocates well.” – Bankruptcy

Great on the detail and very efficient in producing draft submissions for review by senior counsel.” – Commercial and transactions

“Lindsay & Francis provides useful and timely advice. Their advice is well-founded and considers best strategic outcomes.” – Competition/antitrust

“They understand the challenges and stress from the client's perspective.” – Insurance

“Lindsay & Francis provides quick advice on complex issues. They are also excellent at developing and then implementing an overall strategy.” – Securities

Kim Francis
"Kim is a very calm and level-headed litigator. He always takes the time to understand the issues, and he has a deep knowledge of the law. His advice is always crisp and clear."

“Kim is friendly, positive and knowledgeable. He delivers quick turnaround, provides sound advice, and listens to the client well.”

“Kim, one of the principals in this organisation, excels as a great leader in all the areas where the firm demonstrates excellence.”

Timothy Lindsay
“Confident and astute. Able to quickly marshal arguments and facts. Particularly good with damages claims and the required evidence for these.”

“Tim is responsive and thoughtful. He takes time to consider issues and how to add value.”

Sam McNae
“Logical and calm.”

“He is highly engaging, understanding, and possesses excellent listening skills. He has a strong presence and extensive knowledge in his field. Moreover, he consistently offers innovative solutions and brings a high level of energy to his work.”

Morrison Mallett

Morrison Mallett is a specialist commercial law advisory practice with operations in Auckland and Wellington. The firm’s litigation team acts for clients on a wide range of commercial litigation matters, including appearing in the High Court, Court of Appeal and Supreme Court. In addition to regularly acting as lead counsel in court proceedings, the team also works closely with senior barristers and King’s Counsel to provide litigation support to enhance client outcomes.

The firm’s lead litigation partner, Michael Morrison, is regarded as one of the country’s pre-eminent private practice litigation specialists. Morrison also appears before arbitrators and tribunals and regularly represents clients in mediations.

Notable commercial disputes include the firm advising Mudajaya Group in relation to international debt recovery of substantial sums hidden in New Zealand following alleged fraud in Malaysia; advising Evan Williams and related entities on complex dispute regarding development of plaintiff’s land in Weiti Bay, Auckland; acting for Warkworth Retail, a shareholder/secured creditor in the defendant company, Warkworth Holdings, in successfully seeking urgent appointment of an interim liquidator by order of the High Court; and advising Farmers Trading Company on resettlement of trust assets. 

In June 2022, the firm hired Oliver Gascoigne from Buddle Findlay as partner.

The rest of the clients the firm worked with during the research period are confidential.

Oliver Gascoigne

“Oliver Gascoigne provides clear strategic insight coupled with a hard-working and effective approach to complex disputes.”

“Hard working, effective and insightful.”

Russell McVeagh

The dispute resolution group at Russell McVeagh enjoys an excellent market reputation. Its litigators are known for their involvement in complex commercial litigation and crisis management, class actions, construction disputes and insolvency litigation. The group recently expanded through the hiring of three senior associates, a special counsel and a partner.

Senior litigators Malcolm Crotty and Matt Kersey lead a team of 10 disputes-related partners, including Chris Curran and Polly Pope.

The firm played a crucial role in representing Bremworth, New Zealand's largest wool carpet manufacturer, in a notable High Court case against Pebblemill and its director, Mr Radford. The proceedings revolved around Pebblemill's alleged utilisation of confidential information pertaining to the production of specific types of wool carpets. This case encompasses intricate legal matters concerning the acquisition and application of intrinsic knowledge within the realm of felted woollen yarn manufacturing. Its outcome will establish a precedent in breach of confidence cases, carrying significant implications for future legal proceedings in the field.

Key clients in the past 12 months include Accident Compensation Corporation, Argon Construction, Ernst & Young, KPMG and Tiger Brokers (NZ).

Client feedback
“We've worked with Russell McVeagh for some years and the teams we work with have a deep understanding of our business. That makes them invaluable as they can operate as a virtual extension of our own internal teams.” – Technology and telecommunications

Joe Edwards
“Highly responsive, understands our business, practical and business-focused advice.”

Wilson Harle

Disputes boutique Wilson Harle has a stable, respected offering that focuses on high-end commercial litigation. It is known for handling complex and high-value trust disputes, defamation and media litigation, as well as contentious commercial regulation matters. Its offering covers the full spectrum of industry sectors, from media, insurance and telecoms to construction and healthcare. The firm frequently receives referrals from other top-tier players in the market.

Four partners are key figures at the firm: Chris Browne, Ian Denton, Allison Ferguson and Felicity Monteiro.

The firm successfully represented several local authorities, including Napier City Council, Queenstown Lakes District Council and Auckland Council, in a significant Supreme Court test case. The case clarified the extent of insurance coverage available to councils for non-weathertightness liabilities arising from 'leaky building' proceedings. Subsequently, the firm continued to assist its clients in High Court proceedings seeking indemnity for previously declined non-weathertightness liabilities. This ruling has far-reaching implications for major local authorities across New Zealand, potentially impacting a significant quantum of liability. The insurer estimates its total exposure may exceed NZ$800 million ($481 million).

The firm’s recent client roster includes Maungaiti and Maungaiti Trustee Company, New Zealand Retail Property Group and Winton Land.

Client feedback
An exceptionally good litigation firm. Very good communication, written and other persuasive skills.” – Commercial and transactions

Excellent management of the investigation and preparation of evidence. Very good relationship-building with the client.” – Competition/antitrust

“Wilson Harle is full of exceptional lawyers. They are super-smart but also pragmatic.” – Government and regulatory

A superb litigation firm providing services at or better than the litigation departments of the largest firms.” – Insurance

Chris Browne
“Chris is very smart. He is a lawyer's lawyer and finds solutions when none appear to exist.”

Ian Denton
“Very good legal knowledge, and excellent client management.”

Allison Ferguson
“Exemplary attention to detail, communication and persuasive skills.”

Guy Tompkins
“Very responsive and agile in thinking and solutions. Very good written skills and pragmatic.”