Background

Born: 1956

Education

Cambridge University, United Kingdom, BA (Hons), LL.M

Barrister Inner Temple, 1981

Professional

Barrister Sole, Eldon Chambers Auckland, 2006-present.

Appointed Queen’s Counsel, 2014.

Partner, Wilson Harle, 2002-2005 (established specialist litigation firm).

Partner, Russell McVeagh 1993-2002 (responsible for firm’s shipping and trade specialty).

Solicitor, Russell McVeagh 1990-1993.

Called to Bar of England and Wales, 1981.

Practised on South Eastern Circuit of the Bar of England and Wales until 1990, general common law work (civil and criminal), with some maritime arbitration.

Current practising certificate as barrister in England and Wales.

LMAA Supporting Member.

Steering Committee of International Congress of Maritime Arbitrators for 6 years.

Member of Panel of Arbitrators of Maritime Law Association of Australia and New Zealand.

Associate of AMINZ - arbitration panel member.

Appointed as an arbitrator in the Court of Arbitration for Sport (CAS), Lausanne.

Faculty member of New Zealand Law Society litigation skills (since 1994), Advanced Litigation Skills, Expert Witness courses 2010.

NZLS Contract Law Review presenter, 2011, 2013 and 2015.

Counsel to Drug Free Sport New Zealand (formerly New Zealand Sports Drug Agency).

Areas Of Specialisation

  • Commercial litigation
  • Maritime law and international trade
  • Sports law
  • Statutory investigations, inquiries, criminal prosecutions by various statutory bodies such as Maritime New Zealand, regional councils (RMA), Securities Commission, Commerce Commission
  • Insurance litigation

Experience

  • Wide range of experience in litigation and arbitration as an adviser and advocate for over 30 years. Principal area of practice is commercial litigation and arbitration with significant specialist interests in maritime law and international trade and sports law. Appeared as leading counsel District Court, High Court and Court of Appeal, Privy Council and Supreme Court and in the Australian Federal and High Courts. Appeared as leading counsel in international arbitration and before the International Tribunal for the Law of the Sea on behalf of the Russian Federation.
  • Wide experience in criminal law, particularly in early years at the Bar, now used in defending regulatory prosecutions under Maritime Transport Act, Resource Management Act.
  • Occasional appointments as arbitrator. Experience in mediation and other forms of alternative dispute resolution, judicial settlement conferences.

Selected Cases

  • Civil/Commercial litigation - substantive and procedural
  • DHL International (NZ) Ltd v Richmond Ltd [1993] 3 NZLR 10 (CA) - enforcement of DHL exclusion clause
  • C C Bottlers Ltd v Lion Nathan Ltd [1993] 3 NZLR 176; C C Bottlers Ltd v Lion Nathan Ltd [1993] 2 NZLR 445; Lion Nathan Ltd v CC Bottlers Ltd (1995) 5 NZBLC 103, 681 (Court of Appeal - Richardson, Gault, McKay JJ)
  • Redoubt Farm Ltd v R R McAnulty Ltd [1994] 1 NZLR 451
  • NZI Insurance New Zealand Ltd v Hinton Hill & Coles Ltd [1996] 1 NZLR 203
  • Cedenco Foods Ltd v State Insurance Ltd [1996] 3 NZLR 205 - large scale domestic insurance claim
  • Cedenco Foods Ltd v State Insurance Ltd (1996) 10 PRNZ 142 (CA)
  • Cedenco Foods Ltd v State Insurance Ltd (1997) 6 NZBLC 102, 220
  • Inner City Properties Ltd v Mercury Energy Ltd (1998) 13 PRNZ 73 (CA)
  • Ko v Ko [Review] (2000) 14 PRNZ 362
  • Ko v Ko (2000) 14 PRNZ 289
  • A S McLachlan Ltd v MEL Network Ltd (2002) 16 PRNZ 747 (CA) – commercial joint venture
  • Rarotongan Resort Hotel Ltd v T&W Development Ltd [2006] CKCA 4; CA No. 1-2 of 2005 (9 February 2006)
  • Southbourne Investments Ltd v Greenmount Manufacturing Ltd [2008] 1 NZLR 30 – Supreme Court on interpretation of option
  • The Rarotongan Beach Resort & Spa Limited v Tepa, Forbes & Irving and National Environment Service and Island Environment Authority of Rarotonga, CA 11/07, Barker JA, Henry JA, Paterson JA, 11 July 2008 – judicial review of decision by Environment Authority in Cook Islands
  • Crocombe v Collector of Taxes, High Court and Court of Appeal Cook Islands, CA No 1/13– challenge to tax assessment – assessment set aside for abuse of power
  • Tuakeu v Tangata, [2014] CKCA 1, and other appeals under Electoral Act 2004 arising from 2014 Cook Islands Election.

Appellate criminal cases

  • R v Pratt [1994] 3 NZLR 21 (CA)
  • Tell v Maritime Safety Authority, CA 230/02, 27 November 2002

Maritime and Admiralty law

  • Air New Zealand Ltd v The ship “Contship America” [1992] 1 NZLR 425
  • Sembawang Salvage Pty v Shell Todd Oil Services Ltd [1993] 2 NZLR 1997
  • Baltic Shipping Co. Ltd v Pegasus Lines SA [1996] 3 NZLR 641 (CA) – scope of admiralty jurisdiction
  • Fournier v The ship “Margaret Z” [1997] 1 NZLR 629 – priority, scope of damages lien
  • Turners & Growers Exporters Ltd v The ship “Cornelis Verolme” [1997] 2 NZLR 110
  • De Nationale Investeringsbank NV v The Ship “Queeny Margreth” (1997) 11 PRNZ 454
  • Prokofyev v A O Karelrybflot (1998) 12 PRNZ 510
  • Fournier v The Ship “Margaret Z” [1999] 3 NZLR 111
  • Karelrybflot AO v Udovenko [2000] 2 NZLR 24
  • Mobil Oil New Zealand Ltd v The ship “Rangiora” [2000] 1 NZLR 49; [2000] 1 Lloyd’s Rep 36
  • Vostok Shipping Co Ltd v Confederation Limited [2000] 1 NZLR 37 (CA
  • Kareltrust v Wallace & Cooper Engineering Ltd [2000] 1 NZLR 401 (CA)
  • Raukura Moana Fisheries Ltd v The ship “Irina Zharkikh” [2001] 2 NZLR 801; [2001] 2 Lloyd’s Rep 319
  • Raukura Moana Fisheries Ltd v The Ship “Irina Zharkikh” (2001) 16 PRNZ 478
  • Confederation Ltd v District Court at Christchurch (2001) 15 PRNZ 601; (2002) NZRMA 66
  • Det Norske Veritas v The ship “Clarabelle” [2002] 3 NZLR 52 (CA); [2002] 2 Lloyd’s Rep 479
  • Daina Shipping Company & ORS v TC Runanga o Ngati Awa & Ors [2013] 2 NZLR 799
  • Babcock Fitzroy Ltd v The M/V Southern Pasifika, High Court Auckland [2012] 2 NZLR 652 (HC).

Australian cases

  • Olbers Co Ltd v Commonwealth of Australia & Australian Fisheries Management Authority (2004) 212 ALR 325; (2004) 205 ALR 432

International Tribunal

  • Russian Federation v Commonwealth of Australia, 23 December 2002 Case No. 11 International Tribunal of the Law of the Sea (“ITLOS”)

Tribunal Cases

Major Games Selection appeals (examples)

  • Andrew Murdoch and Others v Yachting New Zealand, Sports Disputes Tribunal SDT 01/04; SDT 02/04; SDT 03/04
  • Yachting New Zealand v Murdoch; Yachting New Zealand v Cooke and Gair, Court of Arbitration for Sport, 2 April 2004
  • Mudford v New Zealand Shooting Federation Inc and New Zealand Olympic Committee Inc, SDT 05/06, 28 February 2006
  • Hearn v New Zealand Shooting Federation, ST 08/08, 12 June 2008
  • Hunter-Galvan v Athletics New Zealand, ST 07/08, 20 June 2008
  • Ryan Taylor v NZOC ST 02/12
  • Dell v NZOC ST 09/14
  • Fitzgerald & Quickenden v CRNZ ST 03/15 04/15

Anti-Doping

  • Between 2003 – 2015, appeared as counsel for DFSNZ before Sports Tribunal in many cases for breaches of Sports Anti-Doping Rules, see Tribunal website, www.sportstribunal.org.nz
  • Craven v Table Tennis New Zealand, ST 02/07, Wallace v Table Tennis New Zealand, ST 03/07, 25 May 2007

Counsel in a range of arbitrations and mediations, including arbitration overseas.

ADLS Panel for professional disciplinary matters. Represented the ADLS before the New Zealand Law Practitioners Tribunal.

Defence counsel various prosecutions both general criminal law and in specialist areas - prosecutions by Maritime New Zealand/Regional Councils (ship operation and marine pollution).

Legal Texts

  • Maritime Law: Admiralty for the Laws of New Zealand (2003)
  • Author of chapter on Marine Pollution in the 4th edition of Resource Management and Environmental Law (2015) (also in editions 1997, 2005, 2011)
  • The Fight for the Spirit of Sport: A Guide to the World Anti-Doping Code for Cambridge University Press (2nd edition 2013), 3rd edition due 2016.

Selected Articles and Papers

  • “The Politically Unsafe Port” (1986) Vol 1 Lloyds Maritime and Commercial Law Quarterly
  • “Insurance Covenants in leases and the insurance provisions in charterparties”. Case and comment (1986) Vol 2 Lloyds Maritime and Commercial Law Quarterly
  • "Directives, direct effect in the European court: The triumph of pragmatism” Parts 1 and 2 Business Law Review 1987
  • Article on Early Admiralty Jurisdiction, New Zealand Law Journal, 2002.
  • "Carriage of Goods by Sea under the Hague-Visby Rules - Getting back on course?" - Article published in the New Zealand Law Journal (June 2010)
  • “The Search for Oil in New Zealand Waters: Work to be done?" - Australia and New Zealand Maritime Law Journal (2011)
  • Contract Interpretation and Implied Terms: The Current State of Play – New Zealand Law Society: Current Issues in Civil Litigation (2011).
  • NZLS Update on Contract Law, nationwide seminar, May 2011.
  • “Damages – From Legal Principles to Evidence and the Numbers” – NZ Bar Association 2012.
  • “Damages and Claims in Contract and Tort: The Altimarloch Dilemma” – ADLSi Seminar 2012.
  • NZLS Update on Contract Law nationwide seminar, October/November 2011, 2013, 2015.

Presented many papers on maritime and commercial law at international conferences given by such organisations as the International Congress of Maritime Arbitrators, the Maritime Law Association of Australia and New Zealand, International Bar Association, the Inter Pacific Bar Association, Lawasia, the Chinese Maritime Law Association and Commonwealth Lawyers Association.

Selected Early Articles and Papers on Legal Issues Affecting Sport

  • Foul play and the law - Counsel Journal of the Bar of England and Wales 1986
  • Sport and the law - A new field for lawyers? - New Zealand recent Law Review 1992
  • The Role of the Advocate in Sporting Tribunals - The Law of Sport Seminar Legal Research Foundation May 1993
  • Various articles, papers and presentations on drugs in sport and disciplinary procedures at national and international conferences over the past 30 years, including The World Anti-Doping Code - the Fight for the Spirit of Sport, paper for Commonwealth Lawyers Conference 2005.
  • See Publications tab for recent papers.

Legal Teaching Work

  • Part-time lecturer in law at City University 1986 and senior lecturer in law Middlesex Polytechnic, 1987 - 1988
  • Part-time tutor land law, Magdelene College Cambridge, 1986
  • Annual criminal procedure lectures at Auckland University from 1998 - 2005 (9 lectures each year)
  • Intensive LLM courses at Auckland University and University of Queensland 2006 on legal issues affecting sport.
  • Public short course for Auckland University on contract law (2011 – 2015).
  • Contract law course for Otago University, 2015.