Kirsty Dobbs

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Kirsty has extensive litigation experience with particular expertise in oil and gas, contract and construction disputes, as well as judicial reviews.

Kirsty's expertise spans a broad range of areas and industry sectors: contract, tort, oil and gas, construction, public and administrative law, competition law, intellectual property (including breach of confidence), defamation, consumer law, insolvency and debt recovery.

Clients value Kirsty for her diligence, reliability, practical advice and ability to effectively manage disputes. Her research skills drive informed advice, which is always delivered with a commercial and strategic focus.

Kirsty has been involved in significant commercial disputes and public law matters in recent years. She has also acted for Anadarko in the judicial review proceedings brought by Greenpeace.

Kirsty has been ranked as a 'Next Generation Partner' for dispute resolution and is recommended for her work in real estate and construction by The Legal 500 Asia Pacific 2023. Chambers Asia Pacific 2023 recognises Kirsty as an 'Up and Coming' lawyer within the public law sector.

Benchmark Litigation 2023 quotes a client as saying Kirsty is “Technically brilliant, very strategic and solutions-focused.” Another described her and her team as being: “superb all the way along. They are practical and solutions-focused and very strategic.” They added: “All great people and they work very well together. They keep us informed and up to date on all matters.”

The Legal 500 Asia Pacific 2023 quotes a testimonial about Kirsty, saying, "Kirsty Dobbs is one of the best litigation partners in the country. She is extremely hard working, across all the detail yet has the big picture at the front of her mind also."

Kirsty has a keen interest in the interface between law and science, particularly as it relates to intellectual property. Kirsty has assisted a client to develop a patent strategy for their business and has provided advice for clients on actual and anticipated patent litigation (both infringement and revocation proceedings). She has also provided advice on the complex issue of contributory infringement of Swiss claims. Prior to joining Bell Gully, Kirsty participated in the NZ Law Foundation funded University of Otago Human Genome Project and is a contributing author to the Project's report, Genes, Society and the Future.

In 2012, Kirsty was the recipient of the prestigious UK Pegasus Scholarship which gave her a unique insight into strategies for resolving complex, and often multi jurisdictional, litigation.

Work highlights

Oil and gas disputes
Acting for an energy company in respect of a price arbitration and issues associated with redetermining reserves.

Environment Canterbury
Successfully defended Environment Canterbury from contractual and tort claims following steps it took to threaten cancellation of transport agreements with a bus operator in light of unsatisfactory performance.

Commercial and contractual disputes
Acting for and advising various clients on commercial disputes, including claims in contract, tort and under the Fair Trading Act. Advice on contractual disputes includes analysing potential breaches, available remedies (including scope of damages), indemnity, set-off and limitation issues.

Construction contract disputes
Acted for a listed company on a construction dispute involving a power generating facility where the contractor lodged claims for extensions of time, time-related costs and damages. Advising the same company on issues calling on the Performance Security and Defects Liability bonds.

Acted for an NZX listed company pursuing arbitral claims against a party under a contract for a multimillion dollar development north of Auckland.

Leaky building claims
Acted for a building guarantee company and other parties on numerous construction and guarantee disputes, including leaky building claims both in the Weathertight Homes Tribunal and High Court.

Judicial review proceedings
Acted for Anadarko in successfully opposing a judicial review by Greenpeace challenging the impact assessment on offshore drilling under the Exclusive Economic Zone and Continental Shelf Act 2012, and acted for PHARMAC in judicial reviews challenging its pharmaceutical funding decisions, including the 2008 proceedings challenging the funding decision regarding Herceptin.

Singapore Airlines Cargo
Acted for Singapore Airlines Cargo in proceedings brought by the Commerce Commission under the Commerce Act against a number of cargo airlines alleging price fixing.

Breach of confidence and misuse of confidential information
Successfully defended a major bank in proceedings brought by a technology developer alleging breach of confidence in respect of mobile banking technology.

Policy work
Prepared submissions for a Crown entity on a Bill being considered by the Commerce Select Committee and advised them on ways of being more proactive from a policy perspective.

Advised a Crown entity on the proposed text and the implications of the US accession to the Trans-Pacific Strategic Economic Partnership Agreement.

Consumer Law
Provided legal and strategic advice on a complaint to the Advertising Standards Authority, advice under the Fair Trading Act, including the new Unfair Contract Term provisions and the Unsolicited Electronic Messages Act.

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Work highlights

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