The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Bell Gully

LEVEL 21, VERO CENTRE, 48 SHORTLAND STREET, PO BOX 4199, AUCKLAND 1140, NEW ZEALAND
Tel:
Work +64 9 916 8800
Fax:
Fax +64 9 916 8801
Email:
Web:
www.bellgully.com
Auckland, Wellington

Tim Fitzgerald

Tel:
Work +64 9 916 8882
Email:
Web:
www.bellgully.com/our-people/tim-fitzgerald
Bell Gully

Work Department

Litigation

Position

Litigation and dispute resolution
Banking and finance litigation
Regulatory investigations and prosecutions
Restructuring and insolvency
Commissions and inquiries
Insurance
Public law

Career

Tim is an experienced commercial litigator with particular expertise in insolvency, regulatory, banking law, company law, and insurance disputes.
​​​​​​
Tim advises lenders and insolvency practitioners on claims against debtors, directors, auditors, and insurers. Tim also acts for corporate clients in the banking, finance, and property sectors, including on investigations and proceedings initiated by the Commerce Commission and Financial Markets Authority.​

Tim provides timely and practical advice directed at his clients’ commercial objectives.

Education

LLB(Hons), BA, University of Auckland

Admitted
2004, New Zealand


New Zealand

Dispute resolution

Within: Dispute resolution

Bell Gully has a large dispute resolution team that is 'easy to deal with and provides both timely advice and good value for money'. The firm handles a range of disputes work, including commercial litigation, banking and finance litigation, class actions, commissions of inquiry, corporate and competition regulatory investigations and much more. Practice head Jenny Stevens in Wellington represented Danone Group in all issues arising from the Fonterra whey protein concentrate contamination crisis in August 2013, which included a private commercial arbitration. Highlights for key partners included Auckland-based David Friar's work for Southern Response Earthquake Services in a class action brought by the claims management company's customers, and Sophie East's defence of former directors of insolvent company Feltex against claims alleging misleading statements. Also recommended are the 'level-headed, measured' Simon Ladd; veteran partners Ian Gault and Alan Ringwood; Tim Fitzgerald, who advised Bryanston Pte. on a large property dispute; newly promoted partner Jesse Wilson; senior associate Rebecca Rose; and Wellington-based Tim Smith.

[back to top]

Restructuring and insolvency

Within: Restructuring and insolvency

Bell Gully in Auckland frequently advises leading banks such as ASB, ANZ Bank and Bank of New Zealand, as well as accounting firms and receivers including PwC, McGrathNicol, Deloitte and BDO, on some of the largest contentious and non-contentious insolvency matters in the market. For instance, practice head David McPherson is currently acting for KordaMentha as administrator of ten companies in the CBL Group; this is one of the most high-profile matters of 2018, given the complexity of the group structure and the importance of the companies to the insurance and reinsurance market. Litigator and senior associate Nick Moffatt is also playing a central role in that matter. The other key partner in the practice is Tim Fitzgerald, who acted for Ferrier Hodgson as receivers of DSE, which is the New Zealand arm of the Dick Smith group of electronics retail companies. McPherson and Fitzgerald also acted for KordaMentha in all aspects of the receivership of Stonewood Homes Limited.

[back to top]


Back to index

Legal Developments by:
Bell Gully

Legal Developments in New Zealand

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Consultation announced on a proposed Medicinal Cannabis Scheme

    ‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚ÄčThe Ministry of Health (MOH) has announced it is consulting on a proposed Medicinal Cannabis Scheme.
  • Supreme Court rules that insurance reinstatement rights cannot be assigned

    ‚Äč‚Äč‚Äč‚ÄčThe Supreme Court in Xu v IAG New Zealand Ltd has ruled by a 3:2 majority that, under an IAG house insurance policy, homeowners cannot assign their right to reinstate to a subsequent purchaser of the house. Homeowners must undertake the reinstatement themselves, and if they do not, the right to claim the cost of reinstatement under the insurance policy is lost.
  • The Zero Carbon Bill - a closer look

    ‚Äč‚Äč‚Äč‚ÄčThe long-awaited "Zero Carbon Bill" was finally released¬†on 9 May, but despite being greeted by considerable media interest there are a number of significant issues that have yet to come to the fore.
  • A link tax in New Zealand?

    ‚Äč‚Äč‚Äč‚ÄčA controversial payment to publishers for content in Europe has implications for New Zealand ‚Äď despite escaping mention in a recent paper that set out the key issues for review for our own copyright laws.
  • News media exemption under the Privacy Act: now a matter of "responsibility"?

    The role of the news media as the "eyes and ears" of the public, and the corresponding right of such news media to be exempted from the Privacy Act 1993 ( Privacy Act ), is entrenched and well accepted. However, the extent to which the news media exemption applies to non-traditional forms of "news" published by "civilian journalists", such as online commentary and blogs, is a hotly debated subject.
  • Derivatives Margin Bill a step closer to becoming law

    ‚Äč‚Äč‚ÄčIn an article in February this year, we reported on the introduction into Parliament of the Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Bill (the Bill ).¬†
  • Climate-related risk highlighted in Reserve Bank Act review

    The role of the Reserve Bank in assessing and responding to the risks climate change poses to financial stability features in the current consultation on New Zealand's financial policy framework. Inclusion of climate change as part of the wide-ranging review of the Reserve Bank Act is further evidence of the growing trend towards climate-related risk reporting and disclosures.
  • Taxation of the Digital Economy: update

    ‚Äč‚Äč‚Äč‚Äč‚Äč‚ÄčIn early June¬†the Government released a d‚Äčiscussion document on New Zealand's options for taxing the digital economy.¬†
  • Who reads online terms, and does it matter? Lessons from the US

    ‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč‚Äč"Any internet user knows, website terms and conditions are burdensomely long. One rarely reads the fine print when they create a social media account, buy an e-book or movie, use a ridesharing service, or download a mobile app."
  • Mandatory reporting requirements soften in Privacy Bill

    The Privacy Bill began its second reading before parliament on Tuesday 18 June. The proposed legislation is set to reshape the privacy landscape and bring New Zealand in line with global trends.