With over 20 years’ experience, Daniel is an effective and proven advocate who provides an edge in complex commercial and public law disputes.
Daniel is invaluable to have on your side in a difficult case, bringing clarity, creativity, insight and impact across the full range of trial, appellate and ADR procedures.
Formerly a senior litigation partner at Chapman Tripp, Daniel has appeared at all levels of the New Zealand court system and in numerous arbitrations and mediations.
Clients describe him as “a sharp, skilled advocate”, who is “extremely easy to work with” and “excellent in landmark cases” (Legal 500, 2016-2020).
Daniel also provides advice and representation on a wide range of international legal issues.
With world-class expertise in public and private international law, cross-border litigation and international arbitration, he publishes widely and has for many years been listed in Who’s Who Legal: Arbitration, which says “he has real genius and a razor-sharp understanding of legal issues, which he translates into effective advocacy” (2019).
Daniel is active before the courts in the emerging area of legal duties and climate change.
Daniel is recognised as a leading lawyer in Chambers Asia Pacific 2021 and Chambers Global 2021, and as a leading individual for dispute resolution in Legal 500 Asia Pacific, where he is included in the Hall of Fame for having been listed for eight consecutive years.
“Clients say that Daniel is extremely smart, a great communicator and a really compelling advocate.” – Chambers (2018).
Daniel teaches civil procedure at Victoria University of Wellington, convenes the NZLS Civil Litigation and Tribunals Committee and is a member of the Rules Committee
SMITH v FONTERRA CO-OPERATIVE GROUP LTD  NZCA 552
Successfully acted for respondents in climate change test case relating to private law duties.
BATHURST RESOURCES LTD v L&M COAL HOLDINGS  NZSC 85,  NZCA 186,  NZHC 2127
Acted in landmark contract law case involving US$40m debt claim and arguments concerning interpretation principles and implication of terms.
SODEXO PASS INTERNATIONAL SAS vREPUBLIC OF HUNGARY
Acting for investor in application for recognition of ICSID award in New Zealand High Court, in case involving protest to jurisdiction on basis of alleged state immunity.
TURNOVER LTD v BUY RIGHT CARS (2016) LTD  NZHC 2217
Successfully represented vendor of business in dispute relating to contractual earn-out entitlements.
MOHAMMED v GUARDIANS OF NEW ZEALAND SUPERANNUATION (2020) 25 PRNZ 205
Acted for intervener in judicial review proceeding, in order to make public international law arguments, including relating to sovereign immunity and act of state.
NEW ZEALAND STEEL v MINISTER OF COMMERCE AND CONSUMER AFFAIRS  2 NZLR 525,  NZHC 966
Acted in judicial reviews of Ministerial decisions not to impose countervailing duties on allegedly subsidised steel imports from China.
REPUBLIC OF KAZAKHSTAN v MEGA LTD  NZAR 810, (2016) 10 HRNZ 707
Successful application for orders that evidence be provided in support of letter of request from New York court.
DALIAN DEEPWATER DEVELOPER LTD v DYBDAHL  NZLR 260
Successful application, under the Evidence Act 2006, for a New Zealand witness to be compelled to give evidence in a London LCIA arbitration.
CARGILL INTERNATIONAL SA v SOLID ENERGY NEW ZEALAND LTD  NZHC 1817
Successful opposition, on behalf of consortium of banks, to attempt to set aside deed of company arrangement resulting from voluntary administration process.
INTERLACT LTD v FONTERRA TM LTD  NZHC 1086
Represented Fonterra in summary judgment and strike out of contract claim.
DISCOVERY GEO CORPORATION v STP ENERGY PTE LTD  2 NZLR 122
Successfully resisting interim orders sought in relation to ICC arbitration award.
FINANCIAL MARKETS AUTHORITY vPTT  NZHC 692
Acted for receivers and liquidators in ongoing judicial supervisory process relating to asset protection orders, receiverships and liquidations arising out of fraudulent business and investment scheme.
NATIONAL PLANT AND EQUIPMENT PTY LTD v P MUNDY HEAVY EQUIPMENT  NZHC 1201
Successful summary judgment application, based on constructive trust and unjust enrichment, leading to increased costs award.
RYAN TAYLOR v NEW ZEALAND OLYMPIC COMMITTEE, SPORTS TRIBUNAL, 28 JULY 2016, ST 02/12
Successfully represented athlete in non-selection challenge for the Rio de Janiero Olympics.
One of New Zealand’s most experienced counsel for arbitration disputes.
Represented Fonterra in significant Singapore UNCITRAL arbitration relating to product supply.
Acted for a New Zealand company in two Singapore SIAC arbitrations relating to the construction of geothermal power stations in Indonesia.
Represented a United Kingdom investor against the Republic of Indonesia, in the first bilateral investment treaty arbitration hearing held in New Zealand.
Co-author (with Nicola Swan) of public legal opinion on climate change and its intersection with director and investment manager duties, as well as practical toolkit for directors addressing climate change issues.
Before joining the separate bar, set up New Zealand’s first dedicated international law practice, spanning public and private international law.