Tim Fitzgerald

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Tim is an experienced commercial litigator with particular expertise in insolvency, regulatory, and commercial disputes. He has particular experience acting for lenders and insolvency practitioners, as well as for corporate clients in the finance and property sectors, including on regulatory investigations and proceedings.

Tim is ranked as a leading lawyer in global directories. The IFLR1000 2024 recognises Tim as 'Highly regarded' for his restructuring and insolvency work. Tim is ranked as a leading lawyer for litigation and dispute resolution by both Chambers Asia-Pacific 2024 and The Legal 500 Asia-Pacific 2024.

Tim is a Crown Property Accredited lawyer, with accreditation under the “Public Works Act - Acquisition and Compensation” category.

Tim is known for accessible, timely, and pragmatic advice focussed on achieving tangible outcomes.

Work Highlights

Shareholder disputes
Acting for shareholders in complex disputes arising from shareholders’ agreements, including in several High Court proceedings.

Insolvency disputes
Advising insolvency practitioners and debtors in a broad range of contexts, including in respect of the rights and obligations of liquidators, receivers, and voluntary administrators.

Directors' duties claims (High Court)
Acting for insolvency practitioners and directors in relation to directors’ duties issues, including in High Court proceedings.

Financial regulatory investigations
Acting for a retail bank, non-bank lenders, and other businesses and individuals in several investigations by the Financial Markets Authority, Commerce Commission, and NZX, including in response to statutory information requests and in High Court proceedings.

Judicial review in the Supreme Court (rating decisions)
Acting for hotel owners in application for judicial review challenging the legality and reasonableness of rating decisions.

Judicial review in the Court of Appeal (Overseas Investment Act)
Acting for an NZX-listed property development company in successfully opposing an application for judicial review of a decision to grant it consent under the Overseas Investment Act 2005.

Compulsory acquisition / land valuation disputes
Acting for Auckland Council, Auckland Transport, and City Rail Link Limited in a number of compulsory acquisition disputes, including on appeal to the High Court in the first contested determination of compensation of the acquisition of subsurface land for the City Rail Link.

Property disputes
Acting in property disputes, including relation to sale and purchase and leasing disputes, including in litigation in all Courts including the Supreme Court.

Arbitration
Successfully representing clients in arbitration proceedings, and in contested applications for the recognition of foreign arbitral awards in New Zealand.

Mediations
Representing many parties to successful resolution of disputes through mediation.

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Work Highlights

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