Dan Parker
Dan Parker established the firm in 2001. He wanted to apply the best features of his large firm experience into a specialist litigation practice.
Admitted in September 1991, Dan has over eighteen years civil litigation experience.
Dan has an excellent record of successful outcomes in the District Court, High Court, the Court of Appeal, in arbitration and through negotiation and mediation.
Dan specialises in resolution of leaky building litigation, acting mostly for owners of multi-unit or standalone residential buildings but also for developers, builders, material suppliers, engineers and others involved in these disputes. Dan also acts for owners and builders in various commercial construction disputes and claims under the Construction Contracts Act.
Dan and his team are handling some of the larger multi-party and single dwelling building disputes currently progressing through the High Court and Weathertight Homes Tribunal in Wellington and other areas. The team has achieved excellent results, whether through negotiated settlements privately or through mediation or on the occasions where defended hearings are required.
He acts for a range of major fire and general and professional indemnity insurers. He handles claims for the brokers and claims managers responsible for various local authority and other national insurance schemes.
The firm handles a range of property and commercial disputes generally referred to them by other firms.
Some of Dan’s major cases include:
- Acted for the successful plaintiffs in Heslop v Cousins (Heslop v Cousins [2007] 3 NZLR 679 (HC), Chisholm J.), a High Court action against a solicitor for breach of contract, negligence and breach of fiduciary duty in which damages, costs and interest of approximately $2.2 million were awarded (including New Zealand’s highest award of general damages); View Case (PDF)
- Acted for a window supplier, First Windows and Doors, in their successful defence of a high profile leaky building claim against them and others in the Weathertight Homes Tribunal and upon appeal to the High Court. Our client obtained the highest award of costs so far awarded in the Weathertight Homes jurisdiction (where costs awards are rare).
- Acted for Rangitikei farmers in a claim against them for the rights to crops of potatoes grown on the their land by their former tenant. The lease was terminated due to the default of the tenant who went into liquidation. The liquidators of the tenant and the tenant’s bank (claiming under the PPSA under a security interest) claimed they were entitled to the crops. The Court held, under the law of emblements that the tenant and its bank had no right to these types of crops where the lease ended due to the default of the tenant. The crops in the ground reverted to the owners of the land. (Whaitiri Potato Co Ltd (in liq) v C R Grace Ltd (2009) 6 NZConvC 194,707).
- Acted for the defendant tree trimming company in a trespass case in relation to trees on the plaintiffs’ property that were cut down by mistake. Liability was admitted. The matter was essentially a dispute as to quantum and whether exemplary damages were payable. The award of exemplary damages to the plaintiffs in the District Court was overturned on appeal to the High Court and relevant principles in relation to the plaintiffs’ duty to mitigate loss were discussed.
- Acted for former ACT MP Ken Shirley in his defence of a defamation action against him by a helicopter pilot and former policeman. The helicopter pilot’s claim was discontinued after the hearing had been underway for two days with costs awarded.
- Acted for the successful plaintiffs, the Grieves in Roseneath Holdings Limited v Grieve [2004] 2 NZLR 168 (CA) a leading authority on interim injunctions where an arguable case of fraud under the Land Transfer Act 1952 was found;
- Junior counsel in Cushing v Peters, a successful defamation action against a politician involving at least six successful hearings in the District Court, High Court and Court of Appeal;
- Junior counsel in three separate High Court claims involving Trustees Executors & Agency Company of New Zealand Limited v Apple Fields Limited and related entities involving enforcement of rights under various securities and resisting attempts to restrain mortgagee sales and liquidation proceedings in relation to amounts of approximately $12.9 million;
- Numerous other successful District and High Court hearings, injunctions, interlocutory arguments and appeals.
Dan’s specialist areas of practice include:
- Insurance – particularly fire and general and professional indemnity, statutory liability, marine and other liability claims.
- Construction – mostly representing plaintiff groups in multi-party leaky building litigation and also defended matters for building companies, developers, suppliers, subcontractors and others.
- Defamation.
- Commercial and property litigation.
Contact details
Dan Parker
Partner
Phone: 04 494 9050
Email: Dan.Parker@parkerandassociates.co.nz
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