Thomas Cleary

Thomas Cleary

Senior Solicitor, Auckland

Litigation & dispute resolution

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T:+64 9 357 9889

M:+64 27 722 9430

E:thomas.cleary@chapmantripp.com 

Qualifications

MBHL (Dist), LLB (Hons), BSc, University of Otago

Admitted

2014, New Zealand

​Thomas specialises in civil litigation with expertise in defamation, media law and intellectual property.

Thomas has a wide-range of experience in defamation, media law, intellectual property, relationship property and trust litigation. He has appeared as sole counsel in the High Court, and as junior counsel in the High Court, Court of Appeal, Supreme Court and in alternative dispute resolution forums.

Thomas joined Chapman Tripp in 2018 from Shortland Chambers where he worked as a barrister. Prior to that he was a Judges’ Clerk at the High Court and Clerk to the Rules Committee.

He is a contributing author to the patents section of New Zealand’s leading intellectual property commentary, “Intellectual Property Law” (LexisNexis).

Recent experience

Thomas has:

  • assisted media organisations in pre-publication vetting of articles or broadcasts, and advised individuals, media organisations and government entities on defamation issues and strategy.
  • appeared as junior counsel in the High Court and Court of Appeal in an application to set aside a jury's verdict and damage’s award in a defamation case
  • acted as a McKenzie friend in a three-week defamation trial
  • assisted in proceedings enforcing a patent for security product technology, and successfully defending the validity of the patent in revocation proceedings
  • assisted clients in opposing patent applications relating to health technology, pharmaceuticals and veterinary treatments
  • appeared as junior counsel in the Court of Appeal successfully establishing that a foreign judgment gave rise to issue estoppels in New Zealand, and that the USD 25m interim payment should be upheld
  • appeared as junior counsel in the High Court and Court of Appeal in a claim that a law firm breached, or was party to a breach of, the Fair Trading Act 1986
  • appeared as junior counsel in the High Court opposing the enforcement of an award by the Bahrain Chamber for Dispute Resolution on the basis that the Chamber was not a court and the award was not a judgment, and
  • appeared as junior counsel in the Supreme Court successfully arguing that a disposition of a commercial property was captured by s 44 of the Property (Relationships) Act 1976.
 

Services

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