Property
David Friar is an Auckland barrister with experience in a wide range of property disputes, including agreements for the sale and purchase of land, leases and tenancies, and other property disputes.
Expertise
David acts for property owners and developers, vendors and purchasers, landlords and tenants, and others with an interest in land. His property experience includes disputes concerning:
- Sale and purchase of land and buildings
- Landlords and tenants, including retail, office and industrial leases
- Landlord obligations, such as quiet enjoyment and renewal of leases
- Tenant obligations, including make good obligations
- Caveats, enforcement and applications for possession
- Estoppel and misleading conduct claims
- Mortgagee sales and guarantee claims
What clients say
David “provides excellent advice regarding merits of disputes and strong tactical advice how to navigate disputes”
David is “a very smart guy who gets the complexities of our business and is clear on what we need and how to deliver it”
David is “absolutely superb, very intelligent and hard-working”
Clients praise David’s “commercial outlook and industry knowledge”
Examples of David’s property cases
MGSL v Imagine Beach Rd
Senior counsel for MGSL in a lease dispute concerning the Imagine Beach Rd Hotel, with proceedings issued in 2025 on the new High Court Commercial List
High Court Auckland ·
Premier Finance v Ruby City
Senior counsel for Ruby City in High Court proceedings concerning a mortgagee sale of a large commercial building in Auckland
High Court Auckland · [2026] NZHC 587 · [2026] NZHC 2117
Portofino Wellington v Stride Property
Senior counsel for Stride defending High Court proceedings by a tenant alleging misleading conduct and estoppel in the non-renewal of its lease
High Court Auckland · [2024] NZHC 1649 · [2024] NZHC 1650
EcoWorld v Port Marlborough
Senior counsel for the Port in a six-day trial in the Blenheim High Court on a lease and land dispute, including claims in equitable estoppel and under the Property Law Act 2007
High Court Blenheim · [2022] NZHC 3016
NZ Automobile Association v SkyCity Auckland
Senior counsel for SkyCity, the landlord, defending a tenant’s application for an interim injunction alleging breach of the covenant of quiet enjoyment
High Court Auckland ·
Platform Homes Equipment v Ormiston Rise
Senior counsel for Ormiston Rise, a property development company, in a dispute with a contractor over a statutory demand in High Court proceedings
High Court Auckland · [2022] NZHC 881
Publications
- High Court rules a mortgagor can still redeem after a sale agreement is signed () Legal update
- Supreme Court applies scope of duty to liability in negligence () Legal update
- High Court rules purchasers lost the right to cancel by delay () Legal update
- “Contract Law Update: misrepresentation”, client presentation ()
- “Supreme Court rules that leases don’t require tenant to remediate subsoil contamination”, with Green, Energy News ()
- NZ Herald, “Warning for tenants”, on the Court of Appeal’s decision in Holler v Osaki concerning a tenant’s liability for damage where the landlord is insured ()
- “Supreme Court confirms building owners are not required to upgrade to 67% of NBS”, with Clarke, ADLS Law News ()
- “What a difference a day makes”, on Ingram v Patcroft [2011] NZSC 49 and the cancellation of a lease, New Zealand Lawyer ()