James MacGillivray > Tompkins Wake > Hamilton, New Zealand > Lawyer Profile

Tompkins Wake
WESTPAC HOUSE, LEVEL 8
430 VICTORIA STREET, PO BOX 258
HAMILTON
New Zealand

Work Department

Dispute Resolution and Litigation

Position

Partner

Career

James is a specialist in civil and commercial litigation and has been a partner at Tompkins Wake since 2006. Prior to joining Tompkins Wake, James practised at Bell Gully, Auckland and at Freshfields in London.

An experienced trial and appellate advocate, James appears regularly in the higher courts and in private arbitrations. He has appeared on two occasions as counsel in the Supreme Court.

James enjoys the intellectual challenge of finding solutions to client’s problems and is able to communicate complex legal problems clearly and effectively applying his calm approach and skill in devising litigation strategy.

James has acted for and advised:

  • Fonterra Co-op Ltd v Kaimai Cheese Company Ltd – Counsel for the successful party in the High Court, Court of Appeal and Supreme Court in litigation against Fonterra in relation to the meaning of independent processor under the Dairy Industry Restructuring Act
  • South Waikato District Council v Roading & Ashphalt Limited – Counsel for SWDC in the High Court and Court of Appeal successfully defeating R&A’s challenge to council’s tender process.
  • Hotchin v New Zealand Guardian Trust –  Co-counsel for successful party in the Supreme Court in the leading case on the test for contribution between joint tortfeasors
  • Safe Water Alternative v Hamilton City Council – Counsel for HCC successfully defending application for judicial review of decision to re-fluoridate water supply.

Memberships

Board of Partners, Tompkins Wake
Director, Waikato Link
St Peters’s Catholic School Board of Trustees

Education

BA, LLB, University of Auckland

Lawyer Rankings

New Zealand > Dispute resolution

Fielding a ‘strong’ dispute resolution team and praised for its ‘good depth of talent and the ability to handle almost any matter’, Tompkins Wake offers advice to clients in disputes relating to dairy industry regulation, insurance, property, aviation and agribusiness issues. ‘Stand out litigator’ James MacGillivray leads the team and is noted for his expertise in diverse sectors, from aviation and local governance, to the dairy industry. Kate Cornegé, described as an ‘excellent strategist’, specialises in general corporate and commercial dispute resolution.