Gilbert/Walker - litigation and arbitration specialists

Gilbert/Walker is a specialist advisory and dispute resolution practice based in Auckland, New Zealand.

We are instructed as barristers and solicitors in High Court and appellate litigation and in arbitration.

Our practice starts from the premise that law is a profession. This entails duties to defend our clients’ interests as if they were our own, to take our ethical obligations seriously, and to pursue excellence as an end in itself.

We maintain a low ratio of senior to junior lawyers to ensure that senior lawyers are centrally involved in a client’s case.

AREAS OF EXPERTISE

We act for companies, financial institutions and insurers in a wide range of high-profile and complex commercial disputes.

SELECTED CASES

Cygnet Farms Limited v ANZ Bank New Zealand Limited [2017] 2 NZLR 538 (HC)

Development Auckland Ltd (formerly Auckland Waterfront Development Agency Ltd) v Mobil Oil New Zealand Ltd [2017] 1 NZLR 48 (SC); [2016] 2 NZLR 281 (CA); (2014) 15 NZCPR 391 (HC)

InterCity Group (NZ) Ltd v Nakedbus NZ Ltd [2014] 3 NZLR 177

DNZ Property Fund Management Ltd v Argosy Property Management Ltd (HC 2011)

ANZ National Bank Ltd v TOWER Insurance Ltd [2010] NZCA 267

We provide strategic advice and advocacy to principals and contractors on major construction projects in a wide range of areas, including:

  • payment claims under the Construction Contracts Act
  • disputed variation claims
  • claims on performance bonds
  • claims against sub-contractors
  • liquidated damages and penalties

Our advocacy experience covers all dispute resolution mechanisms in the construction sector, including mediation, adjudication, expert determination and court proceedings.

We are leading insurance law experts and provide representation and strategic advice to many of New Zealand’s major insurers.

We are particularly recognised for our expertise in professional indemnity, public liability and directors’ and officers’ insurance.

SELECTED CASES

Kilduff & Anor v Tower Insurance Ltd [2018] NZHC 704

Heartland Bank Ltd (formerly Marac Finance Ltd) v Vero Liability Insurance Ltd [2015] NZCA 288; [2014] NZHC 1974; [2014] 2 NZLR 93

TOWER Insurance Ltd v Domenico Trustee Ltd [2015] NZCA 372, [2015] NZHC 98

Skyward Aviation 2008 Ltd v Tower Insurance Ltd [2015] 1 NZLR 341 (SC); [2014] 2 NZLR 713 (CA); [2013] NZHC 1856

O’Loughlin v TOWER Insurance Ltd [2013] 3 NZLR 275

Re Earthquake Commission [2011] 3 NZLR 695

Vero Liability Insurance Ltd v Symphony Group Ltd & O’rs [2008] NZCA 419

We are trusted advisers to many of New Zealand’s largest professional firms and indemnity insurers.

SELECTED CASES

Shields v Hayward & Anor [2017] NZHC 261

Hotchin v NZGT & Perpetual Trust Ltd [2014] 3 NZLR 685 (CA); [2014] 3 NZLR 655 (HC)

Antons Trawling Ltd v Dawson & Associates Ltd [2016] NZHC 982

Davys Burton v Thom [2009] 1 NZLR 437 (SC); [2008] 1 NZLR 193 (CA)

Cavell Leitch Pringle & Boyle v Thornton Estates Ltd [2008] 3 NZLR 637 (CA)

Atlas Specialty Metals Ltd v KPMG (2007 HC)

We act for companies and individuals in connection with investigations, prosecutions and civil proceedings brought by the Commerce Commission, Securities Commission, and Serious Fraud Office.

SELECTED CASES

Financial Markets Authority v Warminger HC 2016

R v J L Hotchin (Nathans Finance Securities Commission prosecution 2011)

R v Connolly & O’rs (Digi-Tech SFO prosecution 2005-2009)

R v Porter, Pharo & O’rs (Helicopter Trust SFO prosecution 2005)

We have acted in a number of significant proceedings involving Commerce Act and Fair Trading Act issues.

SELECTED CASES

InterCity Group (NZ) Ltd v Nakedbus NZ Ltd [2014] 3 NZLR 177

Turners & Growers Ltd v Zespri Group Ltd (HC 2010-2011)

David v TFAC Ltd [2009] 3 NZLR 239