Tim works in commercial litigation with an emphasis on property-related disputes. He is also experienced in building disputes, contract, negligence and Fair Trading Act claims, and real estate agents’ disciplinary proceedings.
Commercial litigation
Property disputes
Contract and negligence claims
Fair Trading Act disputes
Building disputes
Real EstateAgents disciplinary proceedings
Commercial litigation
Property disputes
Contract and negligence claims
Fair Trading Act disputes
Building disputes
Real EstateAgents disciplinary proceedings
Tim was born in Manila, Philippines, to New Zealand ex-pat parents, attended High School in Washington D.C., and completed university in Christchurch. He has lived in New Zealand since 1988 and has worked as a lawyer in Auckland and Sydney.
Tim has over 25 years of commercial litigation experience, having completed degrees in Arts and Law at Canterbury University in 1995. Prior to commencing practise as a barrister sole in 2016, Tim was a litigation partner at Glaister Ennor for eight years.
At Glaister Ennor, Tim had the benefit of working with highly-respected commercial and property lawyers and worked on a wide range of commercial and property disputes. Tim previously worked in litigation for Ellis Gould, a boutique property law firm in Auckland, and for a law firm in Sydney, now Thomson Geer.
Tim’s practice areas include disputes involving contract, negligence, Fair Trading Act issues, and many property-related areas. The law firms in which Tim worked before going to the bar had a strong emphasis on property law. At Ellis Gould, Tim worked for the Real Estate Institute of New Zealand, which followed him to Glaister Ennor with its disciplinary work. Tim has also been involved extensively in building disputes and has acted for various parties in claims involving residential and commercial construction, including property owners, builders, and manufacturers.
Tim’s regular clients have included a publicly listed manufacturing company, a major real estate agency, various Bodies Corporate, insurance companies, and the Real Estate Institute of New Zealand, for which Tim prosecuted disciplinary proceedings for over 10 years. Tim also acts for private clients in a wide range of claims.
Tim is approved by the New Zealand Law Society to receive direct instructions from clients. He can assist with providing advice, corresponding with parties in disputes, negotiation or mediation, and Tribunal appearances without the need for an instructing solicitor. An instructing solicitor is required once Court proceedings are commenced, and Tim can arrange this. When an instructing solicitor is engaged, Tim maintains overall responsibility for conduct of the claim, subject to the instructing solicitor’s duties to the Court, and delegates where appropriate, for support and cost-efficiency.
Tim welcomes instructions from solicitors. Tim offers an hourly rate that is significantly lower than his previous charge rate as a litigation partner of a law firm. Tim worked in law firms for 20 years before going to the bar, and he is able to work with, and draw support from, instructing solicitors, keep them fully informed regarding proceedings, and respect their relationships with their clients.
Tim has appeared as sole or senior counsel, conducting trials in the District and High Courts and appeals in the High Court and Court of Appeal, as well as proceedings in various Tribunals, and in the Supreme Court of New South Wales and Federal Court of Australia. As well as acting in Court proceedings, Tim frequently represents parties settling claims in negotiations and mediations.
Recent and current work includes High Court proceedings involving property disputes, including applications for specific performance of agreements for sale and purchase and allegations of breach of warranty of authority, partnership disputes, franchise disputes, restraint of trade claims, negligence claims, weathertightness claims, and real estate agency disciplinary proceedings.
Tim has presented seminars on real estate agency licensing and disciplinary proceedings and has recently advised REINZ on drafting updated standard form agreements. Tim has represented real estate agents in numerous cases before Complaints Assessment Committees and the Real Estate Agents Disciplinary Tribunal and has conducted some of the leading cases in this area on appeal to the High Court and Court of Appeal.