David Friar

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David is a litigation partner in Bell Gully's litigation and dispute resolution practice. He has more than two decades’ courtroom experience, and was named by Benchmark Litigation as New Zealand Litigation Lawyer of the Year in 2021.

David is known for his particular expertise in complex commercial disputes, class actions, insurance litigation, and corporate and insolvency disputes. He has a leading reputation for his strong courtroom advocacy and his strategic judgment.

David represents clients at all levels of the New Zealand court system, including the Supreme Court, as well as in alternative dispute resolution processes, such as arbitration. He regularly acts for banks and other financial institutions, for both insurers and insureds, for corporate clients, and for insolvency practitioners.

David also has particular experience in defending class actions. He acted in the Southern Response class action, and is currently acting in the Intueri class action.

David also advises clients on financial regulatory issues, including conduct requirements.

Chambers Asia Pacific 2023 rank David as a leading lawyer for dispute resolution and insurance. The Legal 500 Asia Pacific 2023 also rank David as a leading individual for dispute resolution and insurance. In previous editions of Chambers and the Legal 500 report clients as saying that:

He is "a very smart guy who gets the complexities of our business and is clear on what we need and how to deliver it"
He is a "standout partner" who provides "excellent advice regarding merits of disputes and strong tactical advice how to navigate disputes"
He is an "exceptionally well-prepared lawyer with an exceptional intellect"
"He stands out for his confident approach to litigation"
"He is absolutely superb, very intelligent and hard-working"
"He is strong on strategy and expert witness cross-examination"
"He is very personable and able to translate complex legal ideas into something that we understand"
"He is a good sounding-board for complicated issues"
He "won an incredibly challenging case for us"

David was awarded New Zealand Litigation Lawyer of the Year by Benchmark Litigation in September 2020.

David writes and speaks extensively on a range of legal issues, including on contract law, class actions, insurance law, and corporate and insolvency issues. He is also an author of the chapter on directors' duties in a leading New Zealand text, Morison's Company Law.

David's international litigation experience includes six years at Paul, Weiss, Rifkind, Wharton & Garrison in New York, where he was admitted to the New York bar. Prior to that, he received an LLM from Columbia University in New York, where he was a Fulbright Scholar.

Work highlights

Securities class action in High Court
Acting for the promotors of the initial public offering of Intueri Education Group in defending a securities class action in the High Court.

Misappropriation claim in High Court
Acted for a client bringing a claim against former directors alleging the misappropriation of significant company funds, including a novel claim for a “multiple-derivative" action.

Villa Maria receivership
Acting for the receivers of FFWL, the parent company of Villa Maria winegrowing business.

Material damage insurance claim in High Court
Acting for a listed property company in an insurance claim in the High Court arising out of damage caused by the Kaikoura earthquake

Breach of warranty claim in High Court
Acted for the vendor shareholders of Phitek Systems Limited in High Court proceedings concerning an alleged breach of warranty under a sale agreement.

Fire at the New Zealand International Convention Centre
Advising our client on all aspects of the fire at the New Zealand International Convention Centre, including insurance and regulatory issues.

High Court claim against professional services firm
Acting for one of the Big Four accounting firms in High Court litigation relating to tax advice over a 20 year period.

Court of Appeal test case on misleading conduct
Acting for Southern Response in the Court of Appeal in a test case concerning allegedly misleading information provided by the insurer and the ability of insureds to reopen full and final settlements.

High Court judicial review
Acted for Royal Australasian College of Physicians in defence of a judicial review in the High Court concerning the College's position on Voluntary Assisted Dying.

Lease injunction in High Court
Acted for a client in defending an injunction alleging a breach of the covenant of quiet enjoyment in relation to building works.

Southern Response class action in Court of Appeal
Acted for Southern Response in defending a class action brought by a group of insureds, which included precedent-setting decisions in the High Court and Court of Appeal.

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