David specialises in commercial litigation. He has over 14 years' experience in resolving banking and finance, insolvency, construction, property, professional negligence and contractual disputes. He is an experienced advocate, having appeared as leading counsel in the Court of Appeal and High Court in substantive proceedings and applications for urgent relief. He also appears as counsel in mediations and arbitrations.
David works advises and acts for a number of clients across a range of sectors, including financial institutions, insolvency practitioners, public bodies, insurers and private and corporate clients. David returned to Buddle Findlay after working for several years as a litigator in the professional and financial disputes team of an international law firm in London. He is admitted as a Solicitor of the Supreme Court of England and Wales.
Acting for Auckland Council
in a dispute about whether a contract was frustrated by the termination of a lease (Planet Kids Ltd v Auckland Council  1 NZLR 485 (CA),  1 NZLR 149 (SC))
Advising the liquidators of a large construction company
on issues arising during their appointment, including recovering funds for the benefit of creditors, advising on insurance issues and defending several defective building claims against the company (McCullagh v Underwriters Severally  NZHC 1384)
Acting for various banks and other financial institutions
to successfully oppose injunction applications and enforce loan and guarantee obligations (for example: Bank of New Zealand v Sampson  NZHC 2768; Fortes v Bank of New Zealand  NZCA 346; ANZ Bank New Zealand Ltd v Calvert  14 NZCPR 361 and  NZHC 3169)
Appearing in the High Court and Court of Appeal
on property disputes, including in relation to the priority of mortgages and removal of caveats (Mortre Holdings Ltd v ANCL Investments Ltd  NZCA 494 and  NZHC 1413; Jones v Auckland Council  NZHC 1199; Mawhinney v Nags Head Horse Hotel Ltd (2013) 14 NZCPR 759;  NZCA 401; Nags Head Horse Hotel Ltd v Forest Trustee Ltd  NZHC 981)
Acting for the administrators of a Korean shipping company
to obtain recognition in New Zealand of the Korean insolvency proceeding and resolve priority issues arising under the Insolvency (Cross-border) Act 2006 (Kim and Yu v STX Pan Ocean Co Ltd  NZHC 845)
Acting for several directors of a large private company
in the successful defence of claims of breach of duty and dishonest assistance (Gilles Bakery Ltd v Gillespie  NZCCLR 21;  NZHC 1608)