Blog

Bankside Blog

News

1/11/2023

Justice O’Gorman’s swearing in ceremony at Auckland High Court

Justice O’Gorman was sworn in as a Judge of the High Court of Aotearoa New Zealand on Thursday 26 October by Chief Justice Helen Winkelmann. Speakers including Solicitor-General Una Jagose, on behalf of the Government of Aotearoa New Zealand and Frazer Barton, President of the New Zealand Law Society, on behalf of the legal profession.

Awards

30/10/2023

Bankside barristers awarded at 2023 AMINZ conference

AMINZ awarded Bankside members Kate Wiseman, Kelly Quinn and Mark Kelly at the annual AMINZ conference.

News

24/10/2023

Peter Watts KC is awarded the prestigious Doctor of Civil Law from University of Oxford

Bankside member Peter Watts KC has been awarded the degree of Doctor of Civil Law from Oxford University for his writing on the law of agency. This is the first Doctor of Civil Law to have been earned by a New Zealander by examination, rather than received as honorary.

News

16/10/2023

Bankside Chambers Singapore at 2023 Hong Kong Arbitration Week

Bankside Singapore is proud to be a bronze sponsor of 2023 Hong Kong Arbitration Week, taking place this week 16th–20th October, and the first New Zealand barristers’ chambers to host a session during Hong Kong Arbitration Week.

News

10/10/2023

New member announcement: Michael Morrison has joined Bankside

Bankside Chambers is very pleased to advise that Michael Morrison has joined its set.

News

20/9/2023

International Stage: Jeremy Johnson’s International Trust Arbitration Organisation Appointment

Opinion

21/8/2023

John Hannan: Section 6 of the Employment Relations Act an ‘unruly horse’

Bankside Barrister John Hannan considers recent high profile cases, including those involving Uber and Gloriavale, that highlight Section 6 as an "extremely unruly horse."

News

9/8/2023

Laura O'Gorman KC appointed Judge of the High Court

Bankside congratulates Laura O'Gorman KC on her appointment as a Judge of the High Court.

Cases

3/8/2023

Boozy lunch: the impact of alcohol on oral contractual arrangements according to the NSW Supreme Court

In White Pointer Investments Pty Ltd v Creative Academy Group Pty Ltd [2023] NSWSC 817 the Court was asked to consider whether the impact of a ‘boozy lunch’ would void the contractual arrangement that had been made. ‍Jeremy Johnson and Callum Hackston examine the case.

Opinion

12/7/2023

Reviewing contractual discretions: the New Zealand Court of Appeal considers the Braganza Test

In Woolley v Fonterra Co-op Group Ltd [2023] NZCA 266, the New Zealand Court of Appeal recently considered the approach to the review of contractual discretions adopted by the UK Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661. In his opinion piece, Peter Watts KC examines the controversial nature of the Braganza test, and how the Court of Appeal’s decision was not surprising.

News

28/6/2023

Anna Adams to join Bankside Chambers

We are excited to announce that Anna Adams will commence practice as a barrister at Bankside Chambers on 1 July 2023.

Cases

15/6/2023

Supreme Court hears argument as to fiduciary relationship between parent and child

Bankside barristers Lady Deborah Chambers KC and Josie Beverwijk, with Isaac Hikaka of Mills Lane Chambers, appeared before the Supreme Court on the 13th and 14th June 2023 arguing that an abusive parent was in a fiduciary relationship with his children when he transferred his assets to trust to ensure that his children could never make any claim against those assets either in his life or upon death. Josie Beverwijk provides more background and detail about the case.

Cases

8/6/2023

A tale of two equitable liens

Experienced litigator Bridgette White examines the decisions of Maginness v Tiny Town Projects Ltd (Tiny Town) and Francis v Gross, and their effect on the New Zealand insolvency industry.

Cases

1/6/2023

Tikanga Māori and the Peter Ellis case with Kingi Snelgar

We speak with Bankside barrister and experienced litigator Kingi Snelgar (Ngāpuhi, Ngāti Whakaue, Te Whakatōhea and Ngāi Tahu) about his experience working on the Peter Ellis case – the approach with a two-day wānanga (a forum and sharing of knowledge) and his outlook for the future of tikanga in New Zealand law.

Opinion

13/3/2023

Quincecare in the Hong Kong Court of Final Appeal

International expert on the law of agency Peter Watts KC considers a recent decision of the Hong Kong Court of Final Appeal where it was assumed by both parties and the Court that the dishonesty of the customer’s mandataries automatically removed the bank’s actual authority to follow their instructions.

Opinion

8/3/2023

Women in law: reflections on International Women’s Day 2023

To mark International Women’s Day and this year’s theme of “Equality versus Equity”, Julie Ding reflects on her experience as a young woman and immigrant, starting out in law.

News

7/3/2023

Announcing two new Singapore-based Associate Members

We are delighted to announce that Karen Chow and Rina See are joining Bankside Chambers and will be based permanently in Singapore.

Opinion

18/2/2023

Sweating the Assets: Market Efficiency and Infrastructure Development

Bankside Arbitrator and Commercial Mediator John Walton considers the devastating effects of Cyclone Gabrielle, and posits that privatisation and corporatisation of much of Aotearoa’s essential infrastructure have revealed a failure in long term planning and properly targeted investment.

News

10/2/2023

Kate Davenport KC: Farewell letter to Bankside

In December 2022, Kate Davenport KC was appointed a District Court Judge in Auckland. Ahead of her swearing-in ceremony on Tuesday 21 February, Kate reflects on the profession when she began her career 30 years ago, her time at Bankside, and shares her aspirations for her new role.

Cases

2/2/2023

Timing is everything

In December 2022, the Court of Appeal released a judgment in Beca Carter Hollings & Ferner Ltd v Wellington City Council which addressed the question of whether the Building Act’s 10 year longstop provisions apply to claim for contribution. Christine Meechan KC considers the decision and its significance.

News

16/12/2022

Bankside awarded the highest ranking for 2023

Chambers and Partners have announced their Asia-Pacific Guide Rankings for 2023 overnight and Bankside is delighted to have been ranked Band 1 in New Zealand for the second year in a row, with 14 Bankside barristers receiving rankings.

News

8/12/2022

Brian Dickey to join Bankside

Earlier this year, Brian Dickey announced he would be stepping down as Auckland Crown Solicitor and leaving the partnership at MC to commence practice as a barrister. We are delighted that Brian will join Bankside Chambers in February 2023.

News

6/12/2022

Bankside Chambers officially launches in Singapore

We formally launched our Singapore practice at the New Zealand High Commissioner's Residence in Singapore on 24th November 2022. Bankside is the first and only New Zealand barristers’ chambers committed to a permanent presence in Singapore.

Awards

2/12/2022

Awards season at Bankside

As we approach the end of the year, we acknowledge several Bankside members who have been awarded for leadership and excellence in their areas.

News

30/11/2022

Book launch: Dr Simon Foote KC's new book The Bona Fide Investor

Dr Simon Foote KC launched his book at Bankside last night, ahead of an international speaking tour to Singapore, London, and the US next year.

News

17/11/2022

Paying tribute to The Honourable Sir Ian Barker KC

We are deeply saddened by the passing of The Honourable Sir (Richard) Ian Barker KC on Friday 11 November 2022. Sir Ian was an exceptional judge, arbitrator and mediator, and a warm, wise and loyal friend and mentor to many here at Bankside.

Cases

21/10/2022

Jeremy Johnson's expert analysis on Equity Trust (Jersey) Ltd v Halabi

A recent Privy Council judgment on Equity Trust (Jersey) Ltd v Halabi [2022] UKPC 36 considered fundamental trust law issues. Bankside Member Jeremy Johnson provides his expert analysis on The Board’s decision, breaking it down into four key issues.

News

21/10/2022

Honouring Sir Robert Stanley Chambers KNZM QC: one of New Zealand’s greatest legal minds

A special ceremony was held at the Auckland High Court on Tuesday 11 October 2022 in honour of Sir Robert Stanley Chambers KNZM QC (23 August 1953 – 21 May 2013). The Auckland High Court Memorial Garden and engraved Toka were installed as a tribute to Justice Chambers, who has been described as one of Aotearoa New Zealand's greatest legal minds.

News

21/9/2022

The Inaugural Aotearoa New Zealand Arbitration Survey

Royden Hindle and Dr Anna Kirk have released their Inaugural Aotearoa New Zealand Arbitration Survey, a comprehensive report that uses data to reveal the number of arbitrations in New Zealand every year, the types of cases, the costs involved, the time taken to complete the task, plus data on the age, gender and ethnicity of arbitrators.

Opinion

14/9/2022

Kate Davenport KC on the impact of New Zealand’s pandemic response

Kate Davenport KC was a guest speaker at the Honourable Society of the Middle Temple’s online event Pandemic and Practice: Australasia. She discussed the impact of New Zealand’s Covid-19 response on the legal profession, her experience as President of the New Zealand Bar Association at the time of the first lockdown, and the judicial review proceedings brought against the Government with regards to MIQ and its restrictive entry requirements.

News

26/8/2022

Politics, law, competence and co-governance: an interview with Hon Christopher Finlayson QC

Hon Christopher Finlayson QC shares with us the reason why he entered politics, the inspiration behind his popular new book, Yes, Minister, his views on co-governance, and a third book in the pipeline.

Publications

23/8/2022

ICLG International Arbitration 2022: International Arbitration Laws and Regulations in New Zealand

Dr Anna Kirk, Ben Prewett, Lauren Lindsay and Hon Paul Heath QC have contributed an important chapter in the International Comparative Legal Guides (ICLG) International Arbitration 2022 edition.

Opinion

16/8/2022

An interview with Mark Kelly at the end of his term as AMINZ President

Mark Kelly’s time as President of AMINZ has just concluded. We ask him about his highlights and key challenges from the last two years.

News

9/8/2022

Arbitration in insolvency disputes: Dr Anna Kirk and Hon Paul Heath QC at ADR Colloquium

Hon Paul Heath QC and Dr Anna Kirk have recently returned to New Zealand after speaking at INSOL’s Alternative Dispute Resolution (ADR) Colloquium in London on the use of arbitration in insolvency disputes. INSOL International is a world-wide federation of national associations of accountants and lawyers who specialise in turnaround and insolvency.

Cases

17/6/2022

Spotlight on Nigeria v JPMorgan Chase Bank

The trial decision of Cockerell J in Federal Republic of Nigeria v JPMorgan Chase Bank NA [2022] EWHC 1447(Comm) in the England and Wales Commercial Court has just been delivered this week. Peter Watts QC discusses the background of the case and the role of Quincecare duty.

News

14/6/2022

Augustine Choi appointed to the New Zealand Asian Lawyers Board

Bankside Barrister Augustine Choi has been appointed to the board of New Zealand Asian Lawyers, which aims to offer collegiality, guidance, and insight to the growing Asian legal community in Aotearoa.

News

1/6/2022

High Court orders unwilling spouse to attend mediation: Wright v Pitfield

For the first time, a New Zealand Court has ordered an unwilling party to attend mediation. Lady Deborah Chambers QC and Simon Barber recently appeared for the husband in Wright v Pitfield [2022] NZHC 385.

News

20/5/2022

Fresh class action launched against A2 Milk

A statement of claim has been filed in the Auckland High Court this week against New Zealand infant-formula marketing company A2 Milk Ltd, alleging breaches of the Financial Markets Conduct Act 2013 and the Fair Trading Act 1986.

News

19/5/2022

ACC or no ACC? Public holiday pay decision reversed following confusion

Recent statements about the relationship between ACC weekly compensation and public holidays revealed a large grey area for employers and considerable confusion for both employees and employers.

News

11/5/2022

Controversial sand mining at Pakiri Beach declined

On 5 May 2022, Auckland Council rejected a contentious application to dredge two million cubic metres of sand from the seabed at Pakiri Beach, north of Auckland. The sand was intended for use in the construction industry.

News

21/4/2022

Samoan 2021 Election: Supreme Court of Samoa helps bring an end to political instability

In April 2021, following the general election, two people claimed to be Samoa’s Prime Minister: Tuila'epa Sailele Malielegaoi (then-incumbent PM), leader of the Human Rights Protection Party (HRPP), and Fiame Naomi Mata'afa, leader of the new Fa’atuatua i le Atua Samoa ua Tasi Party (FAST).

News

5/4/2022

Does the NZ-UK Free Trade Agreement deliver on investment?

On 1 March 2022 (NZT), New Zealand and the UK signed a free trade agreement (NZ-UK FTA), which is yet to enter into force. This article briefly considers the protections actually conferred on investments and investors by the NZ-UK FTA, and whether these are likely to deliver on the promise of encouraging investment between New Zealand and the UK.

News

24/3/2022

Honouring a pioneer of international arbitration in New Zealand: Sir David Williams KNZM, QC

Sir David Williams KNZM, QC is a pioneer of arbitration in New Zealand. He has served as arbitrator in over 150 international arbitrations and is rated among the best international arbitrators in the world.

News

10/3/2022

The Bona Fide Investor: A new book by Dr Simon Foote QC

The Bona Fide Investor: Corporate Nationality and Treaty Shopping in Investment Treaty Law is the first detailed exploration of a substantive legal basis by which to assess the bona fides of a corporate investor’s nationality.

Cases

2/3/2022

Ponzi schemes, payouts and directors’ duties: Stanford International Bank v HSBC Bank

In January 2022, an appeal in the case of Stanford International Bank v HSBC Bank was argued before the Supreme Court. The assumed facts (the proceedings involved a strike out) were that the claimant, now in liquidation, had not been a bona fide bank. Rather, it was nothing more than a vehicle for a Ponzi scheme. Some of the funds raised under the scheme had been held in an account with HSBC.

News

1/3/2022

Force majeure and hardship: spotlight on Omicron and contractual obligations in New Zealand

On 12 March 2020, the World Health Organization declared Covid-19 a pandemic. Almost two years later, Aotearoa New Zealand is facing, for the first time, large numbers of Covid-19 cases in the form of the Omicron variant. With Omicron now firmly in our community and with cases continuing to rise, contractual parties are starting to face real difficulties in the performance of their contractual obligations.

News

24/2/2022

Top ranking for Bankside – “New Zealand’s best barristers”

We begin the year with the immensely gratifying news that Bankside Chambers has been ranked Band 1 in New Zealand with 15 Bankside barristers receiving rankings.

Opinion

27/10/2021