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

James MacGillivray

+64 7 838 6001 [email protected] View profile

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