Contract and commercial
David Friar is an Auckland barrister who specialises in contract and commercial disputes, including all types of contracts and a wide range of commercial issues.
Expertise
David’s expertise in contract disputes includes:
- Contract interpretation
- Contract enforcement
- Breach of contract and damages claims
- Termination and cancellation of contracts
- Misrepresentation and misleading conduct
David is also experienced in a wide range of other commercial disputes, including economic torts, fiduciary duties, joint ventures and unjust enrichment claims.
David has acted for a number of clients on contract and commercial law disputes, including:
- listed and private New Zealand companies
- multinationals and overseas companies
- banks, insurers and other financial institutions
- partnerships and joint ventures
- individuals
David regularly presents and publishes on contract and commercial law issues, including presenting an annual Contract Law Update seminar for a decade.
What clients say
“David is commercial, practical and has a strong understanding of our business that he is able to apply to engagements”
David “is knowledgeable, a strong communicator and extremely commercially aware”
David “provides excellent advice regarding merits of disputes and strong tactical advice how to navigate disputes”
“David is really good at understanding what we need as a business”
Examples of contract and commercial cases
GR v Cogent
Senior counsel in High Court proceedings concerning alleged breach of contract and negligence in relation to a cyber breach by a malicious actor
High Court Auckland ·
Large multinational
Senior counsel for a large multinational in a confidential joint venture dispute with another large multinational company concerning storage and supply arrangements
Mediation ·
Large insurer
Senior counsel for the insurer in a confidential arbitration concerning an alleged breach of contract in relation to a medical evacuation
Amphenol Phitek Ltd v Moody
Senior counsel for the vendor shareholders of Phitek Systems in High Court proceedings concerning an alleged breach of warranty in the agreement for the sale and purchase of Phitek
High Court Auckland ·
Harvey v NZ Association of Credit Unions
Senior counsel for the Association opposing an application for an interim injunction to prevent a continuity initiative
High Court Auckland · [2019] NZHC 1174
Worby v Wapo y Wapo
Senior counsel for Wapo in a High Court proceeding for pre-commencement discovery on claims arising out of an alleged partnership to develop an LGBT+ dating app
High Court Auckland ·
Publications
- High Court enforces a three year contractual limitation clause () Legal update
- UK Supreme Court rejects a universal principle against profiting from your own wrong () Legal update
- UK Supreme Court limits when a commercial party owes fiduciary duties () Legal update
- English Court of Appeal upholds an exclusion of all lost profits () Legal update
- “Contract Law Update: misrepresentation”, client presentation ()
- Court of Appeal overturns injunctions in Gloriavale banking case () Legal update
- Court of Appeal grants leave to appeal in Gloriavale banking case () Legal update
- “Contract Law Update”, annual client presentation on best endeavours (2014), conditions (2015), exclusions (2016), interpretation (2017), misrepresentation (2018), agreement (2019), force majeure (2020), remedies (2021), insurance contracts (2022) and limitation clauses ()
- BusinessDesk, “Can you cancel a contract due to coronavirus?”, on force majeure clauses ()
- “Contractual Damages and the Supreme Court’s Altimarloch Decision”, LexisNexis Conference on Contract Law ()
- “What a difference a day makes”, on Ingram v Patcroft [2011] NZSC 49, New Zealand Lawyer ()