Tim Smith Tim Smith

Tim Smith
Partner
Wellington

Litigation & dispute resolution

Tim advises and represents major clients across a wide range of commercial issues.

With a reputation for providing realistic and clear advice, he is asked to instruct clients on significant and complex private and public law issues including competition law, economic regulation, statutory and contractual interpretation, as well as claims in tort.

Tim appears as counsel for clients in all senior courts as well as in commercial arbitrations. He has appeared as leading counsel in the High Court and Court of Appeal as well as junior counsel in the Supreme Court of New Zealand.

Recent highlights

  • Successfully represented Z Energy in High Court claims for breach of an implied contractual supply obligation.
  • Successfully defended Chorus in a High Court claim for misuse of confidential information and breach of the Fair Trading Act.
  • Represented iwi litigants intervening in the leading Supreme Court case of Ngāti Whātua Ōrākei Trust v Attorney-General, establishing that claims seeking declarations concerning the Crown’s cross-claims policy could proceed to hearing.
  • Successfully represented Transpower in High Court appeal and judicial review proceedings brought concerning alleged breaches of the Electricity Industry Participation Code.
  • Advised defendants on pecuniary penalty proceedings brought by the Commerce Commission under the Commerce Act 1986, including (in separate proceedings) First Gas, Aurora Energy, Bayleys Real Estate and Success Real Estate.
  • Represented 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, resulting in the leading New Zealand authority on section 36 of the Commerce Act.

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