Garth Gallaway Garth Gallaway

Garth Gallaway
Partner
Christchurch

Litigation & dispute resolution

Garth specialises in civil litigation, insurance work and health and safety (H&S).

One of New Zealand’s leading legal experts in H&S, Garth acts for employers in investigations and prosecutions, both on direct instructions and through insurers. He has been involved in some of New Zealand’s highest profile coronial inquests, and provides strategic legal advice to leading corporates and boards on H&S matters.

Garth has extensive experience advising clients on professional indemnity, statutory liability and public liability insurance. He has a broad civil litigation practice and has appeared before all levels of the court system and numerous specialist tribunals. He frequently acts for solicitors, accountants, real estate agents, valuers and a range of organisations in professional negligence proceedings and disciplinary matters. He is also experienced in alternative dispute resolution, especially mediation.

Garth is recognised as a leading individual by Legal 500 Asia Pacific 2020 and as a leading lawyer by Chambers Asia Pacific 2020.

Recent highlights

  • Successfully defended Athenberry Holdings in the only prosecution by WorkSafe under HSWA 2015 that has gone to trial.
  • Successfully acted for Oceania Gold in the High Court appeal, considered the leading authority on reparation, and for two other clients on winning reparation appeals.
  • Acted on a range of complex, and often lengthy, insurance matters arising out of the Canterbury earthquakes. This includes acting for major insurers such as QBE, Lumley and Vero on a broad range of professional indemnity, statutory liability and public liability claims. It also includes acting for Canterbury District Health Board on a $320m claim for 22 damaged buildings and Kāinga Ora on a review of its claim with Vero Liability Insurance.
  • Successfully defended a real estate agency in a test case brought by the Commerce Commission on vendor bidding. The case was won in the Court of Appeal after the Commission appealed the High Court decision.
  • Successfully defended a midwife charged with medical manslaughter before a High Court jury and a commercial jet boat driver involved in a fatal accident before a District Court jury.
  • Acted for the New Zealand Mines Rescue Trust in the Royal Commission hearing into the Pike River tragedy.

Affiliations

  • Chair of the Arts Foundation of New Zealand.
  • Board member of Creative New Zealand.
  • Chair Maia Health Foundation.
  • Chair W A Sutton Charitable Trust.
  • Trustee NZ Football Trust.
  • Honorary President of New Zealand Football.
  • Member of Radio Sport’s cricket commentary team (since 1995).

Others in the team

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