David specialises in commercial litigation. He has over 15 years' experience in resolving banking and finance, insolvency, insurance, construction, property, competition law, professional negligence and a wide range of contractual disputes. The most recent contractual disputes that David has acted on include royalty claims, defective goods claims, shareholder disputes, claims arising from mergers and acquisitions and claims under operations contracts, management contracts and IT contracts. 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, developers, manufacturers, vendors and purchasers. 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.
"Client-focused and a good communicator who is calm under pressure."
The Legal 500
- Member of RITANZ
- Member of NZILA
- Member of SCLNZ
Acting as lead counsel for New Zealand Industrial Park
to successfully appeal a High Court decision and reinstate two restrictive covenants. The covenants prevent Synlait Milk from developing its NZ$280m infant formula manufacturing plant (New Zealand Industrial Park Ltd v Stonehill Trustee Ltd  NZCA 147).
Acting for the administrators of the Arrow group of companies
including obtaining an urgent injunction to prevent cranes being removed from various construction sites.
Acting for the liquidators of the Forestlands group of companies
including obtaining Court orders approving their appointment and directions approving the payment of an interim dividend (Re Forestlands (No.2 Ltd (In Liquidation)  NZHC 393, Re Forestlands NZ Ltd  NZHC 2447).
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 under s 66 of the Commerce Act 1986, including opposing an application by Spark for interim relief (Spark New Zealand Trading Ltd v Commerce Commission  NZHC 238)
Acting for various banks and other institutions
to successfully oppose injunction applications, defend substantive claims, and enforce loan and guarantee obligations (for example: Saddik v University of Auckland  NZHC 2073; Bank of New Zealand v Sampson  NZHC 2768; Fortes v Bank of New Zealand  NZCA 346; ANZ Bank New Zealand Ltd v Calvert (2013) 14 NZCPR 361 and  NZHC 3169)
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 (Body Corporate 346799 v KNZ International Co Ltd  NZHC 511; Body Corporate 326421 v Auckland Council  NZHC 862; McCullagh v Underwriters Severally  NZHC 1384)