Kellie

Arthur

Kellie has a broad civil and commercial litigation practice, with a special interest in contractual and trusts disputes.

QUALIFICATIONS

  • BA/BCA (Hons): 1997
  • LLB (Hons): 2010

  • Admitted to the bar: 2011
  • Barrister sole: 2018

CONTACT

QUALIFICATIONS

  • BA/BCA (Hons): 1997
  • LLB (Hons): 2010
  • Admitted to the bar: 2011
  • Barrister sole: 2018

Memberships

  • New Zealand Bar Association (Member of Bar Council - August 2022 - present; Co-Chair of the Membership and Wellbeing Committee)
  • Auckland Women Lawyers' Association (Committee member, 2018 - 2019, Vice-President, 2019)
  • New Zealand Law Society
  • Lawyers for Climate Action New Zealand Inc.

Biography

Kellie joined the independent bar in March 2018 after seven years in the Litigation team at Chapman Tripp.

She has appeared in significant domestic and international commercial arbitrations, the Court of Appeal, High Court and District Court.

Kellie had nine years’ commercial experience in New Zealand and London before starting her legal career.

Kellie is available to take instructions as sole and junior counsel.

Case Highlights

Patel v Patel [2022] NZHC 3567

Counsel for first, third and fourth defendants in the High Court and Court of Appeal. The plaintiff brought a dervative action in equity on behalf of parents' estates. The plaintiff claimed the defendants had obtained the parents' interest in property through fraudulent actions and used that interest to assist in the purchase of subsequent properties. Accordingly, the plaintiff claimed the defendants held an interest in various properties on constructive trust for the parents' estates. Additionally, the plaintiff claimed a constructiive trust based on contributions and reasonable expectations. The High Court dismissed all claims against all defendants. The case is on appeal.

Laboyrie v Mills [2022] 2 NZLR 258; [2020] NZHC 700.

Counsel, with Simon Foote KC, for plaintiffs in High Court trial and Court of Appeal hearing regarding a family dispute over estate property in Hamilton, which concerned common intention constructive trusts, the Pallant v Morgan equity, advancing estoppel in the face of a statute, and non-party costs awards against sole executor/sole beneficiary of an estate.

Chiem v Fordyce Company Limited [2022] NZHC 1978

Counsel, with Rob Latton, for plaintiff in High Court proceeding. Successfully defended a multi-million dollar counterclaim in negligence.

Li v 110 Formosa (NZ) Limited [2018] NZHC 3418

Counsel, with James Burt, for a defendant in proceedings alleging constructive trust, breach of fiduciary duty, and resulting trust in relation to the purchase of a significant parcel of land in Auckland. The claims against the defendant were settled in advance of trial

Taylor Business Advisory Limited v Ogier & Another (2018)

Counsel, with Rob Latton, for the defendant in a dispute between the former shareholders of an accounting business, where the plaintiffs accused the defendant of numerous breaches of duties.

Various Family Protection Act 1955 proceedings

Counsel for defendant beneficiaries in various Family Protection Act 1955 proceedings.

Significant Commercial arbitration

Appeared as part of the defence team (with Alan Galbraith KC, Jane Anderson KC, Adam Ross KC, Daniel Kalderimis and Marie Wisker) for Fonterra in a significant commercial UNCITRAL arbitration, seated and sitting in Singapore in 2016.

Appeared as part of defence team (with Jack Hodder KC, Adam Ross KC and James Burt) for AIG Insurance New Zealand Ltd in relation to a reinsurance dispute with New Zealand Local Government Insurance Corporation Ltd (Civic Reinsurance).

Pro bono

Acted for SPCA Auckland Inc. in a proceeding under the Law Reform (Testamentary Promises) Act 1949.