Mark Kelly has over 25 years of experience in litigating company, construction, contract, employment, estates, finance, insurance, intellectual property, medico-legal, negligence, partnership, property, trusts and weathertightness disputes.
He has extensive senior Court experience. He also has experience in the Employment Court, the Employment Authority, the Weathertight Homes Tribunal, the Health Practitioners Disciplinary Tribunal, and the Coroner’s Court. He has acted as counsel in numerous mediations and arbitrations.
Mark is a leading commercial mediator.
He trained in mediation at Harvard Law School. He is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand, and an AMINZ Council member.
He is on mediation panels for AMINZ, Complete Online Dispute Resolution (CODR), the Health and Disability Commission, the New Zealand Dispute Resolution Centre, the New Zealand Law Society Lawyers Complaints Service, and the Weathertight Homes Tribunal.
He is a facilitator with the Greater Christchurch Claims Resolution Service.
He is an appointee on the World Intellectual Property Organisation Center’s List of Mediators. The WIPO Center is administered from Geneva, Switzerland, and facilitates the resolution of IP disputes worldwide. He is also on the AMINZ Intellectual Property List.
He has successfully mediated disputes involving: company, construction, contract, earthquake, education, employment, finance, insurance, intellectual property, negligence, partnership, property, relationship property, rural, sexual harassment, trust and weathertightness issues. He has worked with local and international parties.
Mark has maintained a regular pro bono commitment to the Otara Citizens’ Advice Bureau since the mid-90s. He has been involved in various other charitable and pro bono work.
RECENT AND NOTABLE CASES
Many of Mark’s cases are confidentially resolved.
Recent court/tribunal cases in which Mark has acted as counsel have included the following:
- Eight Mile Style LLC & Anor. v The New Zealand National Party & Ors. – 2014-ongoing, High Court, CIV 2014-485-11220 – Acting for a party in the “Eminem” copyright infringement claim
- Hansells Food Group Ltd. v William Aitken & Co Ltd. & Ors. – 2014-2015, High Court, CIV 2014-404-2433 – Copyright infringement claim
- Turner & Ors. v Wrightson & Ors. – 2013-2014, Weathertight Homes Tribunal, TRI 2012-100-109 – Leaky home claim
- Rock Solid Holdings Ltd. v Johelen Corporate Trustees Ltd. & Anor. – 2013-2014, High Court, CIV 2013-404-3443 – Sale and purchase dispute
- Dalgety Finance Ltd. v Trends Publishing International Ltd. – 2013, High Court, CIV 2013-404-2740 – Dispute over fees for financial services
- Foodstuffs (Wellington) Co-Operative Society Ltd. v Apollo Projects Ltd. & Ors – 2013, High Court, CIV 2012-485-001933 – Construction dispute
- Johelen Corporate Trustee Ltd. v Rock Solid Ltd. – 2013-2014, High Court, CIV 2013-404-2389 – Sustaining a caveat
- Body Corporate 198570 v Auckland Council & Ors. – 2012-2013, Weathertight Homes Tribunal, TRI 2011-100-028 – Leaky home claim
- Re Seniorcare Group Ltd., ex parte Harvey – 2012, High Court, CIV 2011-404-8358 – Bankruptcy dispute
- Health Practitioners Disciplinary Tribunal, PDT 500/Psy12/216P – Disciplinary issues for a psychologist
- Waite v Global Integrated Solutions Ltd. – 2010-11, High Court, CIV 2010-404-8333 – Inter-shareholder issues, significant security for costs application
- Managh v Morrison – 2009-11, High Court, CIV 2009-441-522 – Insolvency and property issues
- Alderman Property Ltd. v Body Corporate 379933 – 2010-11, High Court, CIV 2010-404-3658 – Administration of a body corporate
Qualifications and Career
Mark graduated LLB (Hons) BA from Auckland University in 1993, and was admitted to the New Zealand bar in the same year.
Mark trained in mediation at Harvard Law School. He is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand, and an AMINZ Council member.
From 1994-1998, Mark was a litigator at Russell McVeagh. In 1999 he worked in Dublin, at A & L Goodbody, Ireland’s pre-eminent firm. From 2000-2004, he was a litigator at Simpson Grierson. Since 2005, he has been a barrister, practising now from Bankside Chambers, Auckland.
Mark is a current member of the New Zealand Society of Construction Law, the New Zealand Bar Association, the New Zealand Insurance Law Association, the Auckland Medico-Legal Society and the Intellectual Property Society of Australia and New Zealand.