As a barrister Brian’s practice to date has involved him in numerous appearances as counsel in leading cases or important decisions before the Courts, more than 50 of which have been reported in the law reports.
Brian has been lead counsel in a number of major cases before the Court of Appeal two of which involved appearing before a Full Court of the Court of Appeal. Brian has appeared as a junior counsel to leading English counsel (as they then were) Peter Goldsmith QC and Jonathan Sumption QC before the Privy Council.
Recent experience
Brian has significant experience conducting major civil hearings and trials.
In the Carter Holt v Genesis case (2009-2010) Brian was instructed to act as senior counsel for the plaintiff, to replace Queen’s Counsel (as had also occurred in Maruha v Amaltal). The Carter Holt case was major multi-million dollar civil litigation against two defendants represented by New Zealand Queen’s Counsel and senior English counsel respectively. It involved many complex factual and legal issues of contract, tort and construction law, multiple briefs from 24 fact and 35 expert witnesses and a Court bundle of some 177,000 pages. The case ran for 155 sitting days in the High Court at Auckland and was the second longest running trial ever before a New Zealand Court before it finally was resolved with a confidential settlement in favour of the plaintiff. In addition, Brian argued a number of significant interlocutory matters.
Other recent cases include:
In 2010-2011 Brian acted as lead counsel for Air New Zealand in judicial review proceedings to challenge the validity of decisions by Queenstown Lakes District Council and its airport company to sell a substantial share of the ownership and control of Queenstown Airport to Auckland Airport. A settlement was reached shortly before trial.
In 2011 Brian acted as lead counsel for Cavalier Wool Holdings Limited to successfully oppose an appeal against a decision of the Commerce Commission under the Commerce Act to authorise the acquisition by Cavalier of the last remaining business competitor (in the wool scouring industry in New Zealand). This was the first authorisation of its kind and the first consideration by the High Court of the correct application of the relevant statutory, legal and economic principles.
In 2011 Brian appeared for the New South Wales Mines Rescue Service before the Royal Commission on the Pike River Coal Mine tragedy. Brian has also appeared as counsel before the “Winebox” Commission of Inquiry, which ran for several years.
Since 2012 Brian has been acting as lead counsel for NZX Ltd in litigation between NZX and Ralec Commodities Pty Ltd in relation to significant claims based on misrepresentation and breach of contract.
Brian has been lead counsel in a number of major cases before the Court of Appeal two of which involved appearing before a Full Court of the Court of Appeal. Brian has appeared as a junior counsel to leading English counsel (as they then were) Peter Goldsmith QC and Jonathan Sumption QC before the Privy Council.
Recent experience
Brian has significant experience conducting major civil hearings and trials.
In the Carter Holt v Genesis case (2009-2010) Brian was instructed to act as senior counsel for the plaintiff, to replace Queen’s Counsel (as had also occurred in Maruha v Amaltal). The Carter Holt case was major multi-million dollar civil litigation against two defendants represented by New Zealand Queen’s Counsel and senior English counsel respectively. It involved many complex factual and legal issues of contract, tort and construction law, multiple briefs from 24 fact and 35 expert witnesses and a Court bundle of some 177,000 pages. The case ran for 155 sitting days in the High Court at Auckland and was the second longest running trial ever before a New Zealand Court before it finally was resolved with a confidential settlement in favour of the plaintiff. In addition, Brian argued a number of significant interlocutory matters.
Other recent cases include:
In 2010-2011 Brian acted as lead counsel for Air New Zealand in judicial review proceedings to challenge the validity of decisions by Queenstown Lakes District Council and its airport company to sell a substantial share of the ownership and control of Queenstown Airport to Auckland Airport. A settlement was reached shortly before trial.
In 2011 Brian acted as lead counsel for Cavalier Wool Holdings Limited to successfully oppose an appeal against a decision of the Commerce Commission under the Commerce Act to authorise the acquisition by Cavalier of the last remaining business competitor (in the wool scouring industry in New Zealand). This was the first authorisation of its kind and the first consideration by the High Court of the correct application of the relevant statutory, legal and economic principles.
In 2011 Brian appeared for the New South Wales Mines Rescue Service before the Royal Commission on the Pike River Coal Mine tragedy. Brian has also appeared as counsel before the “Winebox” Commission of Inquiry, which ran for several years.
Since 2012 Brian has been acting as lead counsel for NZX Ltd in litigation between NZX and Ralec Commodities Pty Ltd in relation to significant claims based on misrepresentation and breach of contract.