We are known for the depth and breadth of our litigation practice and our strong advocacy skills. In 2023, Bell Gully was awarded Benchmark Litigation's New Zealand Litigation Firm of the Year for the third time. Global legal directories, Chambers Asia Pacific, The Legal 500 Asia Pacific and Benchmark Litigation Asia Pacific rank us in the top tier and Band 1 for dispute resolution and litigation.
Our expertise
Our team has significant expertise and experience in dealing with complex and contentious disputes in a wide range of commercial and public fields, including:
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We have extensive experience acting in trials and on appeal at all levels of the New Zealand court system. We also regularly represent clients in arbitrations, mediations and other forms of dispute resolution.
In addition, we have substantial experience and expertise representing clients in regulatory investigations and proceedings, criminal proceedings, commissions and inquiries, including matters involving:
- Commerce Commission
- Financial Markets Authority
- Serious Fraud Office
- WorkSafe
- Labour Inspectorate
- Commissions of Inquiry
Work highlights
Class actions
Acting as defence counsel in a number of large class actions, including representing ANZ Bank in the largest class action in New Zealand to date (by number of claimants), acting for AWN Holdings Limited in a large securities class action regarding the NZ$175 million IPO of listed education company, Intueri Education Group, and representing 3A Composites, the primary defendant in a proposed building products class action.
Novel climate change claims
Acting for a client in the High Court, Court of Appeal and Supreme Court in defending a climate change claim involving novel private law duties of care and public nuisance.
Fire at New Zealand International Convention Centre
We are acting for a client in relation to one of the most significant insurance events in recent years – the fire at the New Zealand International Convention Centre, and related construction claims.
Judicial review of Auckland Council's accommodation rate
Acted for commercial accommodation providers in the High Court, Court of Appeal and Supreme Court in respect of an application for judicial review of a decision by the Auckland Council to impose a targeted rate, specifically on accommodation providers, to fund 50% the Council's Tourism Promotion and Major Events budget.
Relativity mechanism litigation
Acting for Te Rūnanga o Ngāi Tahu on the obligations arising under the relativity mechanism provisions which are contained in their 1997 Deed of Settlement with the Crown.
Judicial review of Crown entities
Acted for Kāinga Ora – Homes and Communities in judicial review proceedings following on from the Supreme Court's decision that the Crown owed fiduciary duties to original customary owners of land.
Overseas Investment Review
Acted for a property developer in relation to a judicial review brought by another property development company. The review challenged the government decision to grant consent for our client’s land purchase under the Overseas Investment Act. Our client was successful in both the High Court and Court of Appeal.
Breach of warranty claim
Acted for Arvida AL Holdings in a significant breach of warranty dispute against Lendlease, the vendor of five retirement villages in Auckland, arising from significant weathertightness issues at three of the villages.
Receivership claims against Calibre Partners
Acting for Calibre Partners, the former receivers of the parent company of the Villa Maria Estate, one of the largest wineries in New Zealand, defending claims brought by Villa Maria’s previous owner.
Air NZ – flight ban litigation
Acting for Air New Zealand in proceedings brought by a passenger who was banned from travelling with Air New Zealand for 12 months following her interactions with Air New Zealand ground staff. We were successful in defending a High Court injunction claim and successful in defending the claims at a subsequent trial. We are continuing to act on the appeal which is set to be heard by the Court of Appeal in early 2024.
Independent recognition of our expertise
The strength of our team is recognised by all of the leading legal directories:
- Benchmark Litigation Asia-Pacific Awards 2023: New Zealand Litigation Firm of the Year
- The Legal 500 Asia Pacific 2023: Tier 1 (top tier) for Litigation
- Chambers Asia Pacific 2024: Band 1 (top band) for Litigation
The litigation team also received awards for Impact Case of the Year at the International Tax Review 2023, the asialaw Awards 2020 and the Benchmark Litigation Asia-Pacific Awards in both 2022 and 2021.
The head of our litigation team, Sophie East, was named runner up New Zealand Litigation Lawyer of the Year at the 2021 Awards, with David Friar winning this category in 2020 and being runner up in the 2022 awards. Sophie East was also named in Benchmark Litigation's Top 100 Women in Litigation 2020 for the Asia-Pacific region. For the third consecutive year in 2023 Rachael Brown (deputy department head) has been named one of the NZ Lawyer's Elite Women, with Liz Coats and Sophie East also being recognised in 2022. Our other litigation partners are also highly ranked across the recognised directories, including The Legal 500 Asia Pacific, Chambers Asia Pacific, Best Lawyers and Doyles Guide.
Recent editions of the Chambers Asia Pacific and The Legal 500 Asia Pacific directories report our clients as saying the following about our litigation team:
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“I always value Bell Gully’s advice as being honest and their commercial view of the likelihood of success and options to improve our bargaining position. I see them more than solicitors, they are trusted advisers.”
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“The Bell Gully team are extremely competent and hard working. Their availability is exceptional, and they respond in a timely fashion and provide clear guidance.”
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“Bell Gully has one of the largest and most prominent commercial litigation teams in New Zealand.”
- “Their knowledge of the law is impeccable.”
- “The level of service is excellent and the team is prompt and clear in its advice.”
- Bell Gully “provides clear, concise advice and is always available to discuss matters.”
- “First-class team. Sharp, smart and strategically creative.”
- “Bell Gully is well-known for its leading litigation practice, which is possibly first in class in NZ. They have a competent and effective team that is able to address complex and urgent disputes.”
- “This team's work is well thought through and presented clearly.”
- The team is “easy to deal with and provides both timely advice and good value for money.”
Legal 500 Asia Pacific 2018-2023 (Tier 1) - "The sort of firm you want to deal with for complicated or cutting-edge legal issues; they're our go-to for those.”
- “They are always exceptionally well prepared for litigation, a definite strength that I have seen pay dividends on numerous occasions.”
- “They have won some very tough cases and won well.”
- “I would not consider going elsewhere.”
- Their “understanding of client needs is definitely first rate.”
- “They're extremely knowledgeable and can provide advice in a timely fashion.”
- “The firm can handle any matter at a high level of service.”
- They are “exemplary in their deep understanding of our business and us as a client.”
Chambers Asia Pacific 2018-2022 (Band 1)
