David Broadmore

Profile

David specialises in commercial litigation. He has over 20 years' experience in litigation and dispute resolution in both New Zealand and the United Kingdom. He has particular expertise in resolving banking and finance, insolvency, construction, property, insurance, professional negligence and a wide range of contractual disputes.

The most recent contractual disputes that David has acted on include defective goods claims, shareholder disputes, claims arising from mergers and acquisitions and claims under construction contracts, management contracts, agency contracts, IT contracts, and sale and purchase contracts.

He is an experienced advocate, having appeared as lead counsel in the Supreme Court, Court of Appeal and High Court in substantive proceedings and applications for urgent relief. He is also experienced in a broad range of alternative dispute resolution, including mediation, arbitration and expert determination.

David advises and acts for a number of clients across a range of sectors, including financial institutions, insolvency practitioners, public bodies, shareholders, insurers, developers, contractors, manufacturers, vendors and purchasers. David is also admitted as a Solicitor of the Supreme Court of England and Wales.

Market recognition

"David Broadmore is a very safe pairs of hands. He leaves no stone unturned. His advice is thorough and clear and his quick response times and ability to build a good rapport with clients make him a pleasure to work with. No swagger here, just excellent legal advice." - Legal 500

"David has great strategic insight and analytical skills, and is extremely persuasive in written submissions and oral advocacy." - Chambers

"David Broadmore has a great depth of knowledge and experience in insolvency, and is wise beyond his years and a safe pair of hands." - Legal 500

'Leading Partner' – Legal 500; 'Litigation Star' - Benchmark Litigation; 'Leading' lawyer Doyles Guide; ranked by Chambers

Work highlights

Acting for two banks

in defence of a claim seeking damages of in excess of $200m following enforcement steps taken by the banks

Acting for a financial services provider

to successfully defend a claim to set aside a mortgagee sale following alleged breaches of duties by the mortgagee. The proceeding was the subject of an 8-week High Court trial (Green & McCahill Holdings Ltd v Williams [2024] NZHC 480) and subsequent stay application were successfully opposed

Acting for New Zealand Steel

in defence of a claim seeking an injunction requiring New Zealand Steel (and other New Zealand emitters of greenhouse gases) to cease emitting net greenhouse gas emissions (Smith v Fonterra Co-Operative Group Ltd [2024] NZSC 5)

Acting for shareholders and directors

in the successful defence of claims of breach of duty and prejudiced shareholder claims (for example Bian v Elim Properties Ltd [2021] NZHC 3302; Gilles Bakery Ltd v Gillespie [2013] NZCCLR 21; [2013] NZHC 1608; Wang v Broad Water Ltd [2025] NZCA 489)

Acting for the liquidators of a large construction company

on issues arising during their appointment, including successfully recovering funds for the benefit of creditors, advising on insurance issues, and dealing with several defective building claims against the company (Re Zurich Insurance Public Ltd Company [2024] NZHC 888; Body Corporate 346799 v KNZ International Co Ltd [2017] NZHC 511; Body Corporate 326421 v Auckland Council [2015] NZHC 862; McCullagh v Underwriters Severally [2015] NZHC 1384)

Acting for New Zealand Industrial Park

to successfully appeal a High Court decision and reinstate two restrictive covenants. The covenants restricted Synlait Milk from developing its NZ$280m infant formula manufacturing plant at Pokeno (New Zealand Industrial Park Ltd v Stonehill Trustee Ltd [2019] NZCA 147), subsequently appealed to the Supreme Court in Synlait Milk Ltd v New Zealand Industrial Park Ltd [2020] 1 NZLR 657, and settled)

Acting for Burger Fuel Group

to successfully obtain orders in an opposed application for approval of a scheme of arrangement under the Companies Act 1993 (Burger Fuel Group Ltd v Mason Trustee Ltd [2024] NZHC 230 and [2024] NZHC 1352)

Acting for various banks and other financial institutions

to successfully oppose injunction applications, defend substantive claims, enforce loan and guarantee obligations, and seek other orders (for example: Grant v Bank of New Zealand [2024] NZCA 108; Dunstan v Bank of New Zealand [2023] NZSC 89; Lu v Industrial and Commercial Bank of China (NZ) Ltd [2020] NZHC 402; Kidd v van Heeren [2017] NZHC 3199; Bank of New Zealand v Sampson [2015] NZHC 2768; Fortes v Bank of New Zealand [2014] NZCA 346; ANZ Bank New Zealand Ltd v Calvert (2013) 14 NZCPR 361 and [2013] NZHC 3169)

Acting for product suppliers

including in defence of a claim arising from the supply of pressure equipment that was alleged to have been defective (Channel Infrastructure NZ Ltd v HJ Asmuss & Co Ltd [2022] NZHC 2905)

Acting for Sky Network Television

in proceedings arising out of the Commerce Commission's decision on an application for clearance of the proposed merger with Vodafone including opposing an application by Spark for interim relief (Spark New Zealand Trading Ltd v Commerce Commission [2017] NZHC 238)

Acting for various liquidators, receivers and administrators

including of Ruapehu Alpine Lifts, Beachcroft Apartments, Futureverse Corporation, the Forestlands group of companies, Encorefx (NZ) and the Arrow group of companies (Re Jackson [2024] NZHC 1784; Re Ruapehu Alpine Lifts Ltd [2023] NZHC 1053; Owens v Dong [2022] NZHC 411; Re Encorefx (NZ) Ltd [2020] NZHC 674; Re Forestlands (No.2 Ltd (In Liquidation) [2019] NZHC 393, Re Forestlands NZ Ltd [2018] NZHC 2447)

Acting for a purchaser in an expert determination process

arising out of a significant post-acquisition adjustment amount dispute

Acting on property and lease disputes

including in relation to the priority of mortgages, removal of caveats, removal of covenants and a misplaced building (Tisot v Selak [2024] NZHC 1300; Re Rua Whare Ltd (in rec and in liq) [2025] NZHC 199; West Village Capital Partners Ltd v Bhana [2022] NZHC 2833;Saddik v University of Auckland [2017] NZHC 2073; Mortre Holdings Ltd v ANCL Investments Ltd [2016] NZCA 494 and [2016] NZHC 1413; Jones v Auckland Council [2016] NZHC 1199; Auckland Council v Cosdo Equity Ltd (2014) 15 NZCPR 537; Mawhinney v Nags Head Horse Hotel Ltd (2013) 14 NZCPR 759; [2013] NZCA 401; Nags Head Horse Hotel Ltd v Forest Trustee Ltd [2013] NZHC 981)

Acting for the owner of a geothermal power station

in a contractual dispute with its operator and a lease dispute in the Māori Land Court (Adlam v Savage (2015) 4 NZTR 25-012, [2015] NZAR 746)

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 [2013] 1 NZLR 485 (CA), [2014] 1 NZLR 149 (SC))

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 [2014] NZHC 845)

Defending a broad range of claims against various professionals

including claims against solicitors, accountants, valuers, brokers and construction professionals (including Hsieh v Dreamhome Construction Group Ltd [2025] NZHC 1643).

Experience

Sector/Expertise

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