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Legal updates

David Friar is an Auckland barrister specialising in commercial litigation.

David writes and speaks extensively on commercial law issues.

He also provides updates and commentary on legal developments and recent decisions from the courts.

You can read his updates on LinkedIn here, or you can review them below.

Please select an area of interest, or select all.

All 33 Insurance 4 Corporate and directors’ duties 5 Insolvency 3 Property 3 Contract and commercial 6 Class actions 1 Litigation and civil procedure 8 Community 3

David Friar — David was named New Zealand Litigation Lawyer of the Year by Benchmark Litigation in 2020–21. He has been ranked by Chambers Asia-Pacific and The Legal 500 since 2016.

All legal updates

2026

High Court limits the corporate opportunity doctrine to a director who profits

Rascals v Taylor [2026] NZHC 2279

Can a director divert an opportunity that their company may have been interested in pursuing?

Corporate and directors’ duties
High Court rules a mortgagor can still redeem after a sale agreement is signed

Rahal v ASB Bank [2026] NZHC 1874

If you’re like me, the equity of redemption brings back distant memories of property lectures at law school.

Property
Judgment writing in the age of AI

Kea Investments Ltd v Wikeley [2026] NZSC 97

I’m a big fan of Justice Kós’s writing. Clear, vivid, and accessible.

Litigation and civil procedure
Supreme Court gives its reasons for a worldwide anti-enforcement injunction

Kea Investments Ltd v Wikeley [2026] NZSC 97

On Friday, the NZ Supreme Court released its reasons for the orders it made last November, which prevent a US judgment from being enforced anywhere in the world.

Litigation and civil procedure
Reflections on the 40th anniversary of homosexual law reform

Homosexual Law Reform Act 1986

I spoke to Law Talk this week about the 40th anniversary of Homosexual Law Reform.

Community
UK Supreme Court rules a director cannot go it alone

Saxon Woods v Costa [2026] UKSC 21

The Companies Act requires each director to act “in good faith and in what the director believes to be the best interests of the company”.

Corporate and directors’ duties
New fire services levy regime takes effect with an anti-avoidance rule

Fire and Emergency NZ Act

It’s never been clear to me why Fire and Emergency NZ is funded by levies on insurance policies, rather than by the government.

Insurance
Supreme Court rules a limitation defence bars a $4 million quarry claim

Whangarei District Council v Daisley [2026] NZSC 72

A limitation defence may seem dry, but it made a $4 million difference in a NZ Supreme Court decision released yesterday.

Litigation and civil procedure
Supreme Court criticises citation of AI hallucinated authorities

Chen v Goodmore [2026] NZSC 40

More AI hallucinations in the NZ Supreme Court. An appellant cited two authorities that do not exist, and a further authority that did exist but had nothing to do with the proposition it was cited for.

Litigation and civil procedure

2025

High Court enforces a three year contractual limitation clause

Heaven v Prendos New Zealand Limited [2025] NZHC 115

The Limitation Act gives a party to a contract 6 years to sue for breach.

Contract and commercial
UK Supreme Court rejects a universal principle against profiting from your own wrong

King Crude Carriers SA v Ridgebury November LLC [2025] UKSC 39

Is there a universal principle of law that a party to a contract cannot take advantage of their own wrong?

Contract and commercial
Supreme Court reinstates a worldwide anti-enforcement injunction

Kea Investments Ltd v Wikeley [2025] NZSC 156

In a decision released today, the NZ Supreme Court allowed a NZ court to issue a permanent worldwide anti-suit injunction that prevents a US court decision from being enforced anywhere in the world.

Litigation and civil procedure
High Court rules on damage, disproportionate reinstatement and repeat claims

Body Corporate 423090 v QBE Insurance (International) Ltd [2025] NZHC 3015

An insurer agrees to cover the cost of reinstating damaged property back to its condition when new.

Insurance
High Court widens what counts as a corporate opportunity

Drylandcarbon GP One Ltd v Leckie [2025] NZHC 2915

A director must not take a corporate opportunity for their personal benefit.

Corporate and directors’ duties
High Court dismisses receivers' attempt to control litigation after liquidation

Industry Civil Ltd v Grantham [2025] NZHC 2583

Who has control of litigation brought by a receiver in the name of a company, if a liquidator is later appointed?

Insolvency
UK Supreme Court limits when a commercial party owes fiduciary duties

Hopcraft v Close Bros [2025] UKSC 33

When does one commercial party owe fiduciary duties to another? The UK Supreme Court addressed this question last week in a decision concerning undisclosed commissions paid to motor vehicle dealers: Hopcraft v Close Bros [2025]…

Contract and commercial
Privy Council abolishes a shareholder’s right to see a company’s legal advice

Jardine v Oasis [2025] UKPC 34

If a shareholder sues a company, are they entitled to see legal advice obtained by the company (before litigation was contemplated), or can the company claim privilege?

Corporate and directors’ duties
Supreme Court applies scope of duty to liability in negligence

Routhan v PGG Wrightson Real Estate Ltd [2025] NZSC 68

The Supreme Court today released its long-awaited decision in Routhan v PGG Wrightson, in which it addressed the scope of a defendant’s liability in negligence and under the Fair Trading Act.

Property
High Court sends disputes under related contracts to arbitration

Acanthus Ltd v Watercare Services Ltd [2025] NZHC 479

What happens if two parties enter into a series of contracts with different dispute resolution clauses?

Litigation and civil procedure
High Court rejects an insurer’s limitation defence on a top up earthquake claim

Pearce v Toka Tū Ake Natural Hazards Commission [2025] NZHC 623

Are Christchurch homeowners time-barred from bringing claims for earthquake damage against private insurers, given that the earthquakes happened 14 years ago?

Insurance
High Court upholds Wellington’s rainbow crossing

Roa v Wellington City Council [2025] NZHC 609

In a victory for common sense, the High Court ruled this afternoon that Wellington’s rainbow crossing is lawful.

Community
High Court rules purchasers lost the right to cancel by delay

Reid v Laurelwood Vicki Limited [2025] NZHC 441

A fork in the road: a decision from the High Court earlier this month shows how a right to cancel a contract can be lost.

Property
English Court of Appeal upholds an exclusion of all lost profits

EE v Virgin Mobile [2025] EWCA Civ 70

What happens when a party breaches a contract, but the contract excludes liability for the other party’s lost profits?

Contract and commercial

2024

Court of Appeal confirms a liquidator’s examination powers can reach overseas parties

Grant v Arena Alceon NZ Credit Partners, LLC [2024] NZCA 366

Can a liquidator of a New Zealand company serve a section 261 notice requiring an overseas shareholder or creditor to produce documents or be examined on oath?

Insolvency
Court of Appeal discharges a worldwide anti-suit injunction

Wikeley v Kea Investments Limited [2024] NZCA 58

To what extent can a New Zealand court issue a permanent worldwide anti-suit and anti-enforcement injunction, preventing a person from enforcing a judgment they have already obtained from a court in the United States?

Litigation and civil procedure
High Court allows an insured to sue in New Zealand under an Australian policy

James Hardie v Zurich Australian Insurance [2024] NZHC 3126

An insured takes out an Australian insurance policy with an Australian insurer, governed by Australian law, and with an Australian jurisdiction clause.

Insurance
Court of Appeal rules on equitable liens in Francis v Gross

Francis v Gross [2024] NZCA 528

What rights do purchasers of partly-completed tiny homes have if the builder becomes insolvent?

Insolvency
Supreme Court rules the ten year building longstop does not bar a contribution claim

Beca Carter Hollings & Ferner Limited v Wellington City Council [2024] NZSC 117

Sometimes a limitation defence can make all the difference. Today, the Supreme Court issued a decision that showed just how important that defence can be, with a narrow 3:2 majority in Beca v Wellington City Council.

Litigation and civil procedure
Court of Appeal confirms common fund orders can be made at the start of a class action

Simons v ANZ Bank New Zealand Limited [2024] NZCA 330

In a decision that will be welcomed by class action plaintiffs and litigation funders, the Court of Appeal ruled on Friday that New Zealand courts can make Common Fund Orders (CFOs) at the start of a class action.

Class actions
Law Commission proposes explicit discrimination protection for transgender, non-binary and intersex people

The Law Commission has just released a paper proposing to amend the Human Rights Act to explicitly prohibit discrimination against people who are transgender, non-binary or intersex.

Community
Court of Appeal overturns injunctions in Gloriavale banking case

Bank of New Zealand v The Christian Church Community Trust [2024] NZCA 645

Blockbuster decision in the banking world late yesterday: the Court of Appeal has overturned two interim injunctions by the High Court that prevented BNZ from terminating Gloriavale as a customer.

Contract and commercial
Court of Appeal grants leave to appeal in Gloriavale banking case

Bank of New Zealand v The Christian Church Community Trust [2024] NZCA 246

The Court of Appeal has given BNZ permission to appeal a High Court decision injuncting it from closing Gloriavale’s bank accounts.

Contract and commercial
Law Commission announces review of directors' duties

The law of directors' duties in New Zealand has diverged significantly from other jurisdictions, including Australia and the UK, in recent years.

Corporate and directors’ duties

Contact David

To contact David, please email him or call him.

Lawyers can instruct David on all matters.

Clients can instruct David directly for opinions and advice, including in relation to a dispute.

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Legal updates

All legal updates

2026

High Court limits the corporate opportunity doctrine to a director who profits

High Court rules a mortgagor can still redeem after a sale agreement is signed

Judgment writing in the age of AI

Supreme Court gives its reasons for a worldwide anti-enforcement injunction

Reflections on the 40th anniversary of homosexual law reform

UK Supreme Court rules a director cannot go it alone

New fire services levy regime takes effect with an anti-avoidance rule

Supreme Court rules a limitation defence bars a $4 million quarry claim

Supreme Court criticises citation of AI hallucinated authorities

2025

High Court enforces a three year contractual limitation clause

UK Supreme Court rejects a universal principle against profiting from your own wrong

Supreme Court reinstates a worldwide anti-enforcement injunction

High Court rules on damage, disproportionate reinstatement and repeat claims

High Court widens what counts as a corporate opportunity

High Court dismisses receivers' attempt to control litigation after liquidation

UK Supreme Court limits when a commercial party owes fiduciary duties

Privy Council abolishes a shareholder’s right to see a company’s legal advice

Supreme Court applies scope of duty to liability in negligence

High Court sends disputes under related contracts to arbitration

High Court rejects an insurer’s limitation defence on a top up earthquake claim

High Court upholds Wellington’s rainbow crossing

High Court rules purchasers lost the right to cancel by delay

English Court of Appeal upholds an exclusion of all lost profits

2024

Court of Appeal confirms a liquidator’s examination powers can reach overseas parties

Court of Appeal discharges a worldwide anti-suit injunction

High Court allows an insured to sue in New Zealand under an Australian policy

Court of Appeal rules on equitable liens in Francis v Gross

Supreme Court rules the ten year building longstop does not bar a contribution claim

Court of Appeal confirms common fund orders can be made at the start of a class action

Law Commission proposes explicit discrimination protection for transgender, non-binary and intersex people

Court of Appeal overturns injunctions in Gloriavale banking case

Court of Appeal grants leave to appeal in Gloriavale banking case

Law Commission announces review of directors' duties

Contact David