Biography

Garry Williams is a very experienced civil and commercial litigator.

His practice is focused on trial and appellate advocacy.

He started his career at Russell McVeagh in 1992.

In 1997, Garry went to the UK where he worked for Nabarro Nathanson and then Olswang – two leading UK firms.

On his return to New Zealand in 2003, Garry joined Bell Gully and was a member of that firm’s litigation department until he moved to the independent Bar at the beginning of 2014.

Garry accepts instructions in most areas of civil litigation. He has particular expertise in intellectual property, media law, and trusts and estates litigation.

Regarded as pragmatic and robust, Garry offers clients strong commercial judgement, excellent analytical skills and clear strategic guidance.

In 2017 the World Trade Mark Reviewnamed him in its list of leading trade mark practitioners saying he has an “impeccable reputation on the IP scene”and that “clients flock to Richmond Chambers’ Williams for his crystal clear plans of attack”.

In 2018, it said: “Experienced advocate Garry Williams of Richmond Chambers has a broad civil litigation practice, but is best known as a media and IP ace”.

In the 2020 edition of Chambers Globalhe was described as “highly effective, responsive and technically excellent”.

Doyle’s Guide recommends him for intellectual property, technology, media and telecommunications disputes.

Garry is on the Faculty of the NZLS Litigation Skills Programme and is a member of the Advocacy and Education Committees of the New Zealand Bar Association.

Garry is on the Board of the Harbour Basketball Association, New Zealand’s largest and most successful basketball association.

Recent Experience

REMEDIATION (NZ) LTD v ENVIRO WASTE SERVICES LTD & ANOR (2021)Acting for Enviro Waste Services defending a claim brought against it which alleged breach of contract, the Fair Trading Act 1986 and fiduciary duty.

HEALTH ALLIANCE NZ LTD vHEWLETT-PACKARD NEW ZEALAND & ORS (2021)Acting for the US-based second defendant, Capax Discovery Inc, defending claims of breach of contract alleged to have arisen in the context of a software licensing and support services agreement.

ENVIRO WASTE SERVICES LTD vREMEDIATION (NZ) LTD (2021)Acting for Enviro Waste Services in its claim by way of originating application for an order for possession of land.

MOLETA v DARLOW & ORS (2021)Acting for the Court appointed trustee and executor of an estate in proceedings involving constructive trust and Family Protection Act claims.

MAHARISHI FOUNDATION INC vBENNER (2020)Acting for the incorporated society that promotes transcendental meditation in New Zealand in respect of a claim to recover a domain name alleged to have been wrongfully retained by one of its members in breach of trust.

INTECH INC v SEALEGS INTERNATIONAL LTD (2020)Acted for a leading US supplier of amphibious seagoing craft and hovercraft in relation to a claim for breach of contract under the UN Convention on the International Sale of Goods.

DARLOW v MOLETA (2020)Acting for the Court appointed trustee and executor of an estate in proceedings for the recovery of 3 properties wrongfully transferred by the previous trustee and executrix to herself in her personal capacity in breach of fiduciary duty.

TECHNOPAK LTD v MONZEAL [2020] NZHC 1940Acted for a leading manufacturer of automated machinery for the handling and conveying of powdered products in the dairy, infant nutrition and pharmaceutical industries. The claim is a copyright infringement claim relating to the alleged reproduction of unique bulk bag filling equipment by a competitor.

S C JOHNSON & SONS, INC vINTERNATIONAL CONSOLIDATED BUSINESS PTY LTD [2020] NZSC 110, [2019] NZSC 71, [2019] 3 NZLR 318, [2017] NZHC 3238Substantive appeal to the Supreme Court on the question of the proper interpretation to be placed on s 68(2) of the Trade Marks Act 2002.

EIGHT MILE STYLE, LLC & MARTIN AFFILIATED, LLC v THE NATIONAL PARTY OF NEW ZEALAND [2019] NZSC 48, [2019] 2 NZLR 352, (2017) 127 IPR 318This appeal to the Court of Appeal was significant as it identified the factors to be taken into account in assessing the quantum of damages payable by an infringer of copyright when the work in question is an iconic musical work (Eminem’s Lose Yourself).

DOUGIAMAS v BENNER (2017-2018)Invalidity action relating to the trade mark MOODLE®. The MOODLE® platform is the world’s leading online learning management system. The proceeding also involves claims of misleading and deceptive conduct, passing off and bad faith.

R McDONALD CO NEW ZEALAND LTD v MAVERICKS GROUP LTD (2017)High Court proceeding relating to alleged misrepresentations made by the defendants in connection with parallel imported WEBER® gas barbeques.

SEALEGS INTERNATIONAL LTD vZHANG & ORS (2016)Complicated proceedings relating to whether or not the defendants had infringed the copyright in drawings of the plaintiffs’ amphibious boat system. Interim injunction sought and obtained by the plaintiffs. Design right and breach of confidence were also in issue.

Z v Y (2015-2017)Acting for a UK-based manufacturer of industrial equipment in respect of an international arbitration. The causes of action included copyright infringement, breach of contract and breach of confidence.

TOMTOM COMMUNICATIONS LTD vTOMTOM INTERNATIONAL BV (2014-2015)Acting for the leading international manufacturer and distributor of personal navigation devices in respect of an opposition to its application to register the trade mark TOMTOM in New Zealand.

THE COCA-COLA COMPANY vFRUCOR SOFT DRINKS LTD & PEPSICO INC (2011-2014)Successful defence of allegations that a unique bottle used by Frucor and PepsiCo infringed trade marks owned by Coca-Cola.

CLAGUE v APN NEWS & MEDIA LTD (2012)Successfully defended an urgent interim injunction application brought by the Executive Principal of Kristin, one of New Zealand’s most prestigious private schools, to prevent the publication of a news story relating to certain allegations being made by his former wife.

W v S (2012)Complex contractual dispute relating to whether or not the installation of a snack food manufacturing plant met specification. Successfully mediated.

INTELLECTUAL PROPERTY DEVELOPMENT CORPORATION PTY LTD v PRIMARY DISTRIBUTORS LTD (2007-2012)Successful trade mark infringement proceedings. Acting on behalf of the registered proprietor. The proceedings involved the taking of an account of profits and the judgments are the leading ones in New Zealand on this form of relief.

GRAHAM v COLENSO BBDO LTD (2012)Defending allegations of copyright infringement arising from the alleged unlicensed synchronisation of a sound recording with an internet and television commercial.

A v B (2011-2012)Multi-million dollar international arbitration between parties in the petrochemical drilling equipment industry.