Professional background & Qualifications

Qualifications and memberships

Prior to 1994 I worked for several large New Zealand law firms.

From 1994 to date I have been a self employed Barrister. I spent enough time working in big firms to know that it is important to strike a work/ life balance, particularly when raising a young family.

I have never had a shortage of work and belive that a happier person living a full life makes for a better lawyer!

Working for myself has given me the flexibity I need to raise children and do all the other things in life that are important, other than working hard!

 I have a particular interest and expertise in franchising, land, contract, employment, trusts and estates. Over the last nearly 25 years of practice I have worked in a broad range of civil litigation areas including: employment, intellectual property, restraint of trade disputes, tort (negligence) equity, Maori land law, contract, property and estate cases.

From 1994 to 1998, I held a part time lecturing role at the University of Auckland with the Department of Commercial Law, lecturing the topics of contract, tort and finance law for graduate engineering and finance students studying for a Diploma in business.

Some cases I have been involved in include: 

a) Counsel for Matauri X Incorporation, an incorporation which owns several hundred acres of beachfront land at Matauri Bay, Northland, in a successful (on appeal to the Court of Appeal) challenge to a mortgage issued by Bridgecorp Finance Ltd. Bridgecorp Finance Ltd v the Proprietors of Matauri X Incorporation [2004] 2 NZLR 792 (HC); [2005] 3 NZLR 193 (CA). 

b) Counsel for the same incorporation in two shareholders related disputes which went before the Maori Land Court (in one case on appeal to the Maori Appellate Court). In both disputes the Incorporation was successful.  (Dover Samuels v Matauri X , 5.11.07, A20060021404 and Steven Samuels v Matauri X, 20.7.06, Maori Appellate Court, A20060009626)

c) Intellectual property disputes, eg,  Massive NV v Lighting Plus Ltd [2003] 1 NZLR 222 (appeared as junior)

d) Counsel for parties in property cases eg, seeking specific performance in High Court.(eg Prime Resources v Kumar (unreported, CIV 2006 404 3334)) and Dudding v WLD Ltd (unreported, CIV 2003 404 7254)

e) Acted on behalf of a shareholder of a franchisor in a breach of franchise agreement claim over a three week trial (Preston v IDL, High Court, Wellington,  CIV 2001 404 1762).

f) Acted as Counsel for a Trust on an appeal to the Maori Land Court in a novel case which will define the scope of the duties owed by trustees of Maori trustees formed under Te Ture Whenua Maori Act (appeal was heard in February this year, decision yet to be released – re Te Ngae Farm Trust  A20070006864)

g) Acting on a novel breach of contract case which went to the Court of Appeal where there was a claim for compound interest in a breach of contract. Geoffrey Wayne Clarkson v Whangamata Metal Supplies Ltd (20.12.07, as yet unreported – appeared as junior).

h) Acting for a party to a property dispute on a claim for specific performance: Verissimo v Walker [2006] 1 NZLR 760 (appeared as junior). Went to the Court of Appeal. Case involving elements of section 2 of the Contracts Enforcement Act and whether agreement has been reached.

i) Acting in the reasonably well publicised case on behalf of Susan Couch and Tai Hobson of Hobson v Attorney General [2005] 2 NZLR 221 (High Court) and [2007] 1 NZLR 374 (CA). This is an important case involving the scope of duty of care owed by a government department to a member of the public arising out of the failure by the probation service to adequately supervise someone on parole.

j) Acting in numerous liquidation and bankruptcy matters, eg Fresh Cut Flower Wholesalers Ltd v The living and Giving Gift Co (2001) 16 PRNZ 173, Cassin v Wade Sawmill Pty Ltd (2001) Hammond J.

k) Acting on numerous High Court and District Court matters, injunctions and interlocutory matters.

l) Acting in numerous estate matters, inlcuding claims by and against adult children purusant to the Family Protection Act, claims under the Law Reform (Testamentary Promsies) Act, Administration Act, contested trusts and probate actions.

As well as the foregoing, I have acted as Counsel at mediations and settlement conferences, both in the District and High Court and also in the Employment Relations Authority.