With over two decades of experience in New Zealand and overseas, Matthew provides advice and advocacy across most areas of commercial law. Recent testimonials in the directories include: “impresses with the practical nature of his advice and the overall quality of any interaction”; “a persuasive advocate on his feet and in correspondence”; “combination of responsiveness, pragmatism and deep knowledge of the law”; and “the best commercial litigator practising in any firm in New Zealand”.
Matthew’s practice includes company and commercial, construction and property, and insurance and professional liability.
A partner at Gilbert Walker since 2011, Matthew regularly appears as lead counsel in first instance and appellate hearings, including against parties represented by Queen’s Counsel.
Previously, he was a senior litigation associate at Clifford Chance in London, and practised US law at Covington & Burling in Washington, D.C. and at Davis Polk in London.
Matthew is a member of the NZLS Litigation Skills Faculty and the NZLS Law Reform Committee.
In 2020, Matthew was appointed to the panel of independent lawyers providing assistance to those participating in the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions in Aoteoroa New Zealand.
LLB (Hons) / BA (Auckland) LLM (NYU)
Admitted in New Zealand (1997), New York (2000), and England & Wales (2004)
acting for The A2 Milk Company Limited in applying to have a proposed class action in New Zealand stayed under the Trans-Tasman Proceedings Act 2010 on the basis that an open class action pending before the Supreme Court of Victoria was the more appropriate forum for determining the matters in issue
acting for former directors of Feltex in the liability and loss phase of the $200m class action brought on behalf of more than 3,600 shareholder claimants arising from the Feltex IPO in 2004
advising a major listed issuer on numerous disputes arising out of a $450m construction project suffering significant delays and cost overruns
advising on numerous contractual, property, leasing and construction disputes arising as a result of the Covid-19 pandemic
acting for liability insurers, including Vero Liability and IAG, on indemnity issues and defending claims against their insureds
representing Forest & Bird as intervener in judicial review proceedings concerning DOC’s management of tahr on conservation land
acting for Jones Lang LaSalle in claiming a substantial commission on the lease of the site of the Kumeu Film Studio to Auckland Unlimited
acting for former directors of Feltex in the liability and loss phase of the $200m class action brought on behalf of more than 3,600 shareholder claimants arising from the Feltex IPO in 2004
advising a major listed issuer on numerous disputes arising out of a $450m construction project suffering significant delays and cost overruns
acting for a commercial design business facing claims at trial and on appeal that it had breached an obligation to make reasonable endeavours to refer to work to the plaintiff construction firm
acting for a rest home operator facing substantial claims for misrepresentation and breach of occupancy licences in relation to defects in residential units
advising a property investment and development group on issues arising under commercial leases and a development agreement as a result of the Covid-19 pandemic
acting for a manufacturer enforcing contractual exclusion clauses in response to multiple claims arising out of an error in the manufacturing process
representing a fund manager resisting an application by a listed property fund to halt proposals to internalise the fund’s management function
acting for Nakedbus in a trademark dispute with InterCity over advertising using Google AdWords
acting for Jones Lang LaSalle in claiming a substantial commission on the lease of the site of the Kumeu Film Studio to Auckland Unlimited
acting for a JV party following a breakdown between shareholders in proceedings seeking to restrain alleged breaches of the JV agreement and direct an orderly market sale of JV property
advising a major listed issuer on numerous disputes arising out of a $450m construction project suffering significant delays and cost overruns
advising on issues arising as a result of the Covid-19 pandemic, including the doctrine of frustration, force majeure, variations, extensions of time, liquidated damages, and contract works insurance
acting for developers, building owners, and design and construction professionals bringing or facing building defects claims
acting for The A2 Milk Company Limited in applying to have a proposed class action in New Zealand stayed under the Trans-Tasman Proceedings Act 2010 on the basis that an open class action pending before the Supreme Court of Victoria was the more appropriate forum for determining the matters in issue
acting for former directors of Feltex in the liability and loss phase of the $200m class action brought on behalf of more than 3,600 shareholder claimants arising from the Feltex IPO in 2004
advising industry bodies and other clients on strategic and legal risk as the environment for class actions and litigation funding continues to evolve
acting for a defendant in a proposed class action in relation to Alucobond PE (aluminium composite panel) cladding
acting for liability insurers, including Vero Liability and IAG, on indemnity issues across the full range of liability risks, including professional, statutory, public/product and directors’ and officers’ liability
acting for TOWER Insurance in a number of proceedings arising from the Canterbury earthquakes, including precedent-setting cases on the reinstatement of EQC cover, the effect of the residential ‘red zone’ on private insurers’ cover, and numerous other Court decisions
defending liability claims on instructions from insurers
acting for a national law firm defending significant civil liability claim
acting for a leading accounting and professional advisory firm on regulatory inquiries, professional conduct and liability-related matters
acting for a surveyor in proceedings that raised issues about the operation of the Cadastral Survey Act 2002 and means of challenging it, which involved two dozen experts in highly technical disciplines
acting for a national law firm in having struck out a claim in relation to its conduct of the defence of a criminal prosecution
defended a firm of maritime lawyers against a substantial negligence claim arising from the sale of a fishing vessel
representing lawyers facing complaints to New Zealand Law Society Standards Committees and charges before the New Zealand Lawyers & Conveyancers Disciplinary Tribunal
advising on disputes arising as a result of the Covid-19 pandemic, including loss of access and rent abatement, frustration and force majeure, and delayed settlements
representing a commercial tenant in a rent review arbitration against its landlord
acting for the owner of a commercial building in proceedings concerning whether a fire had rendered the premises untenantable and resulted in termination of the lease
advising and acting for body corporates and unit owners in relation to building defects claims and court-ordered remediation schemes under the Unit Titles Act
acting for the beneficiary of a high-value family trust in proceedings that raised issues of paternity and involved claims under the Family Protection Act and for breach of trust
advising the trustees of a public trust on claims threatened by beneficiaries in relation to investments made by trust-owned companies
representing the trustees of the Marlborough Electric Power Trust in proceedings brought by a beneficiary to obtain information, one of the first cases testing the new trust information regime under the Trusts Act 2019
