James MacGillivray
James MacGillivray
Partner
+64 7 838 6001
+64 21 540 588
james.macgillivray@tompkinswake.co.nz
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To make an appointment, please contact Bronwyn Thompson bronwyn.thompson@tompkinswake.co.nz
Qualifications : BA, LLB, LLM University of Auckland.
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James leads our in civil and commercial litigation practice and has been a partner at Tompkins Wake since 2006. Prior to joining Tompkins Wake, James practised in London at magic circle firm Freshfields Bruckhaus Derringer and at a large national law firm in Auckland prior to that.
An experienced trial and appellate advocate, James appears regularly in the higher courts and in private arbitrations. He has appeared as counsel in the Supreme Court and is named as a recommended lawyer in The Legal 500 Asia Pacific and Chambers and Partners Asia Pacific.
James enjoys the intellectual challenge of finding solutions to client’s problems and is able to communicate complex legal problems clearly and effectively applying his calm approach and skill in devising litigation strategy.
James was the recipient of the Fowlds Memorial Prize for the most distinguished Honours or Masters student in the Auckland University Faculty of Law while completing his Master of Laws in 2019.
Areas of expertise
- Commercial and Property Disputes
- Commercial Arbitration
- Competition Law Disputes
- Construction and Building Disputes
- Consumer Law
- Dairy Industry
- Electricity Industry
- Insolvency
- Insurance Disputes
- Telecommunications
- Tender Disputes
- Local Government Advisory
- Judicial Review Proceedings
Other Credentials
- Chairman, Waikato Link
- Tompkins Wake, Board of Partners
- Tompkins Wake, Risk Committee
- Recommended Lawyer, Dispute Resolution, The Legal 500 Asia Pacific 2020 and 2021.
- Ranked in Chambers and Partners, Asia-Pacific Guide 2021
Experience
- Fonterra Co-op Ltd v Kaimai Cheese Company Ltd - Counsel for the successful party in the High Court, Court of Appeal and Supreme Court in litigation against Fonterra in relation to the meaning of independent processor under the Dairy Industry Restructuring Act
- South Waikato District Council v Roading & Ashphalt Limited - Counsel for SWDC in the High Court and Court of Appeal successfully defeating R&A’s challenge to council’s tender process.
- Hotchin v New Zealand Guardian Trust - Co-counsel for successful party in the Supreme Court in the leading case on the test for contribution between joint tortfeasors
- Safe Water Alternative v Hamilton City Council - Counsel for HCC successfully defending application for judicial review of decision to re-fluoridate water supply.
