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, insurers, developers, contractors, manufacturers, vendors and purchasers. David is also admitted as a Solicitor of the Supreme Court of England and Wales.
"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
- David is listed as a 'litigation star' by Benchmark Litigation, and a 'leading partner/individual' for dispute resolution by Legal 500 and Chambers
Experience
Work highlights
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 a financial services provider
in defence of 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)
Acting for Burger Fuel Group
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 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 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 iwas alleged to have been defective (Channel Infrastructure NZ Ltd v HJ Asmuss & Co Ltd [2022] NZHC 2905)