Tim specialises in commercial litigation and dispute resolution.
Tim has considerable experience in advising and representing major clients across a wide range of commercial issues, with particular expertise in telecommunications law, competition law, and energy and natural resources litigation.
Tim appears as counsel for clients in all courts as well as in commercial arbitrations, and has appeared as junior or leading counsel in the High Court and Court of Appeal, as well as junior counsel in the Supreme Court of New Zealand. He provides realistic and clear advice in relation to significant and complex private and public law issues, including competition law, economic regulation, statutory and contractual interpretation, tort law and trusts.
Tim is an adjunct lecturer at Victoria University of Wellington Law School where he has taught an undergraduate course in civil remedies.
Tim joined Chapman Tripp in 2006 after a sabbatical where he accepted a Frank Knox Fellowship to study for an LLM at Harvard Law School.
Tim has acted:
- for Bayleys Corporation and another real estate company in relation to proceedings brought by the Commerce Commission under section 30 of the Commerce Act 1986
- for James Hardie New Zealand in the Court of Appeal in judicial review proceedings challenging the eligibility of certain complex claims under the Weathertight Homes Resolution Service Act 2006
- for the Earthquake Commission (EQC) in declaratory proceedings relating to its proposed policy to settle certain forms of complex land damage, not previously recognised elsewhere in the world, arising from the Canterbury earthquake sequence
- for New Zealand Steel in the High Court and Court of Appeal in proceedings relating to its ironsand mining operations, including obtaining declarations excluding its operations from the application of the Resource Management Act 1991
- in major commercial arbitrations involving joint venture parties in the energy sector, and the appeals to the High Court and Court of Appeal of the resulting arbitral awards
- for Chorus in relation to regulatory proceedings under the Telecommunications Act 2001 and appeals in the High Court and Court of Appeal brought in relation to Commerce Commission determinations of pricing for regulated services
- for Telecom (now Spark) in relation to significant Commerce Act proceedings alleging taking advantage of substantial market power in telecommunications markets. This included acting successfully in relation to the Commerce Commission’s appeal to the Supreme Court as the leading New Zealand authority on section 36 of the Commerce Act
- successfully acted for Meridian Energy in its response to a High Court appeal brought against a finding by the Electricity Authority that an undesirable trading event had occurred on the wholesale electricity market
- for Transpower in its successful judicial review of the Commerce Commission’s determination of its regulated cost of capital, and
- successfully acted for Powerco in striking out unjust enrichment proceedings.