Paul David CV

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Background

Born: 1956

Education:

Cambridge University, United Kingdom, BA (Hons), LL.M
Barrister Inner Temple, 1981

Professional:

Barrister Sole, Eldon Chambers Auckland, 2006-present

Partner, Wilson Harle, 2002-2005

Partner, Russell McVeagh 1993-2002
Solicitor, Russell McVeagh 1990-1993

Called to Bar of England and Wales 1981

Admitted in New South Wales and in the Federal Court, High Court of Australia 2001

Practised on South Eastern Circuit of the Bar of England and Wales until 1990

Current practising certificate as barrister in England and Wales

Current practising certificate in New South Wales. Admitted to appear in Australian Federal Court and High Court.

LMAA Supporting Member

Member of Panel of Arbitrators of Maritime Law Association of Australia and New Zealand

Member of LEADR (Lawyers Engaged in Alternative Dispute Resolution)

Associate of AMINZ - arbitration panel member

Steering Committee of International Congress of Maritime Arbitrators for 6 years

Faculty member of New Zealand Law Society litigation skills (since 1994), Advanced Litigation Skills 2005 and Expert Witness courses

Counsel to Drug Free Sport New Zealand (formerly New Zealand Sports Drug Agency)

Member of ADLS Continuing Legal Education Committee from 1997 to 2009

Areas Of Specialisation

Commercial litigation
International Trade and maritime law
Statutory investigations, inquiries, criminal prosecutions by various statutory bodies such as Maritime New Zealand, Securities Commission, Commerce Commission
Insurance litigation
Sports law - Legal representation of athletes and sporting organisations. Counsel for Drug Free Sport New Zealand since 2000

Experience

Wide range of experience in litigation and arbitration as an adviser and advocate for over 25 years. Principal area of practice is commercial litigation and arbitration with a specialist interests in maritime law and international trade and sports law. Appeared as leading counsel District Court, High Court and Court of Appeal, Privy Council and Supreme Court and in the Australian Federal and High Courts. Appeared as leading counsel in international arbitration and before the International Tribunal for the Law of the Sea on behalf of the Russian Federation. Some reported cases set out below.
Occasional appointments as arbitrator. Experience in mediation and other forms of alternative dispute resolution, judicial settlement conferences etc.
Published several articles and case notes on commercial, maritime law and dispute resolution in various legal journals including Lloyd’s Maritime and Commercial Law Quarterly. Author of the chapter on marine pollution, now in the fourth edition of Environmental and Resource Management Law (2008). Author of the text Maritime Law: Admiralty for the Laws of New Zealand. Presented many papers on commercial law (in particular contract law) and maritime law.
Special interest in legal issues affecting sport. Author of The Fight for the Spirit of Sport: A Guide to the World Anti-Doping Code to be published by Cambridge University Press in September 2008. Articles and papers in that area. Advised and represented athletes and sporting organisations in a wide range of matters. Counsel to Drug Free Sport New Zealand advising that body on a broad range of issues arising in relation to its statutory functions. Appeared as counsel before the New Zealand Sports Disputes Tribunal and the Court of Arbitration for Sport (“CAS”) in many selection disputes and doping matters.

Reported Cases

Civil/Commercial litigation - substantive and procedural

DHL International (NZ) Ltd v Richmond Ltd [1993] 3 NZLR 10 (CA)
C C Bottlers Ltd v Lion Nathan Ltd [1993] 3 NZLR 176
C C Bottlers Ltd v Lion Nathan Ltd [1993] 2 NZLR 445
Lion Nathan Ltd v CC Bottlers Ltd (1995) 5 NZBLC 103, 681 (Court of Appeal - Richardson, Gault, McKay JJ)
Redoubt Farm Ltd v R R McAnulty Ltd [1994] 1 NZLR 451
NZI Insurance New Zealand Ltd v Hinton Hill & Coles Ltd [1996] 1 NZLR 203
Cedenco Foods Ltd v State Insurance Ltd [1996] 3 NZLR 205
Cedenco Foods Ltd v State Insurance Ltd (1996) 10 PRNZ 142 (CA)
Cedenco Foods Ltd v State Insurance Ltd (1997) 6 NZBLC 102, 220
Wyeth (NZ) Ltd v Anchor Products Ltd (1997) 11 PRNZ 479
Inner City Properties Ltd v Mercury Energy Ltd (1998) 13 PRNZ 73 (CA)
Ko v Ko [Review] (2000) 14 PRNZ 362
Ko v Ko (2000) 14 PRNZ 289
A S McLachlan Ltd v MEL Network Ltd (2002) 16 PRNZ 747 (CA)
Chu v Han (2003) 17 PRNZ 9
Rarotongan Resort Hotel Ltd v T&W Development Ltd [2006] CKCA 4; CA No. 1-2 of 2005 (9 February 2006)
Southbourne Investments Ltd v Greenmount Manufacturing Ltd [2008] 1 NZLR 30
The Rarotongan Beach Resort & Spa Limited v Tepa, Forbes & Irving and National Environment Service and Island Environment Authority of Rarotonga, CA 11/07, Barker JA, Henry JA, Paterson JA, 11 July 2008

Criminal cases

R v Pratt [1994] 3 NZLR 21 (CA)
Tell v Maritime Safety Authority, CA 230/02, 27 November 2002

Maritime and Admiralty law

Air New Zealand Ltd v The ship “Contship America” [1992] 1 NZLR 425
Sembawang Salvage Pty v Shell Todd Oil Services Ltd [1993] 2 NZLR 1997
Baltic Shipping Co. Ltd v Pegasus Lines SA [1996] 3 NZLR 641 (CA)
Fournier v The ship “Margaret Z” [1997] 1 NZLR 629
Turners & Growers Exporters Ltd v The ship “Cornelis Verolme” [1997] 2 NZLR 110
De Nationale Investeringsbank NV v The Ship “Queeny Margreth” (1997) 11 PRNZ 454
Prokofyev v A O Karelrybflot (1998) 12 PRNZ 510
Fournier v The Ship “Margaret Z” [1999] 3 NZLR 111
Karelrybflot AO v Udovenko [2000] 2 NZLR 24
Mobil Oil New Zealand Ltd v The ship “Rangiora” [2000] 1 NZLR 49; [2000] 1 Lloyd’s Rep 36
Vostok Shipping Co Ltd v Confederation Limited [2000] 1 NZLR 37 (CA
Kareltrust v Wallace & Cooper Engineering Ltd [2000] 1 NZLR 401 (CA)
Raukura Moana Fisheries Ltd v The ship “Irina Zharkikh” [2001] 2 NZLR 801; [2001] 2 Lloyd’s Rep 319
Raukura Moana Fisheries Ltd v The Ship “Irina Zharkikh” (2001) 16 PRNZ 478
Confederation Ltd v District Court at Christchurch (2001) 15 PRNZ 601; (2002) NZRMA 66
Det Norske Veritas v The ship “Clarabelle” [2002] 3 NZLR 52 (CA); [2002] 2 Lloyd’s Rep 479

Australian cases

Olbers Co Ltd v Commonwealth of Australia & Australian Fisheries Management Authority (2004) 212 ALR 325; (2004) 205 ALR 432

International Tribunal

Russian Federation v Commonwealth of Australia, 23 December 2002 Case No. 11 International Tribunal of the Law of the Sea (“ITLOS”)

Tribunal cases

Andrew Murdoch and Others v Yachting New Zealand, Sports Disputes Tribunal SDT 01/04; SDT 02/04; SDT 03/04
Yachting New Zealand v Murdoch; Yachting New Zealand v Cooke and Gair, Court of Arbitration for Sport, 2 April 2004
Counsel for New Zealand Sports Drug Agency as interested party in Hogarth v Wrestling New Zealand SDT 06/04 and NZRL v Tawera, SDT 12/04; NZFBB v Ligaliga SDT 11/05
Mudford v New Zealand Shooting Federation Inc and New Zealand Olympic Committee Inc, SDT 05/06, 28 February 2006
Craven v Table Tennis New Zealand, ST 02/07, Wallace v Table Tennis New Zealand, ST 03/07, 25 May 2007
Hearn v New Zealand Shooting Federation, ST 08/08, 12 June 2008
Hunter-Galvan v Athletics New Zealand, ST 07/08, 20 June 2008

Appeared as Counsel in the Cook Islands High Court and Court of Appeal. Counsel in a range of arbitrations and mediations, including arbitration overseas.

ADLS Panel for professional disciplinary matters. Represented the ADLS before the New Zealand Law Practitioners Tribunal.

Defence counsel various prosecutions both general criminal law and in specialist areas - prosecutions by Maritime New Zealand/Regional Councils (ship operation and marine pollution).

Legal Aid Provider - civil, criminal, mental health, immigration.

Legal Texts

Maritime Law: Admiralty for the Laws of New Zealand (2003)
Author of chapter on Marine Pollution in the 4th edition of Resource Management and Environmental Law (2008) (also in 2nd and 3rd editions 1997, 2005)
Summary New Zealand law for Maritime Liens and Claims, 2nd Edition, 1998, by Professor William Tetley
The Fight for the Spirit of Sport: A Guide to the World Anti-Doping Code for Cambridge University Press (to be published September 2008)
Chapter in Winning the Red Tape Game (2005) published by Brookers on The Control of the Use of Drugs and Doping in Sport in New Zealand.

Articles

“The Politically Unsafe Port” (1986) Vol 1 Lloyds Maritime and Commercial Law Quarterly
“Insurance Covenants in leases and the insurance provisions in charterparties”. Case and comment (1986) Vol 2 Lloyds Maritime and Commercial Law Quarterly
“Directives, direct effect in the European court: The triumph of pragmatism” Parts 1 and 2 Business Law Review 1987
Shipping law reviews for the New Zealand Law Review 1991 - 1993
Various case notes for MLAANZ journal (2002 - 2005)
Article on Early Admiralty Jurisdiction for the New Zealand Law Journal 2002

Presented many papers on maritime and commercial law at international conferences given by such organisations as the International Congress of Maritime Arbitrators, the Maritime Law Association of Australia and New Zealand, International Bar Association, the Inter Pacific Bar Association, Lawasia, the Chinese Maritime Law Association and Commonwealth Lawyers Association.

Articles and Papers on Legal Issues Affecting Sport

Foul play and the law - Counsel Journal of the Bar of England and Wales 1986
Sport and the law - A new field for lawyers? - New Zealand recent Law Review 1992
The Role of the Advocate in Sporting Tribunals - The Law of Sport Seminar Legal Research Foundation May 1993
Discrimination - the Legislative Framework in New Zealand and its application to sport - a paper presented at Australian and New Zealand Sports Law Association Conference in 1993
Various articles, papers and presentations on drugs in sport and disciplinary procedures at national and international conferences, including The World Anti-Doping Code - the Fight for the Spirit of Sport, paper for Commonwealth Lawyers Conference 2005.

Legal Teaching Work

Part-time lecturer in law at City University 1986 and senior lecturer in law Middlesex Polytechnic, 1987 - 1988
Part-time tutor land law, Magdelene College Cambridge, 1986
Annual criminal procedure lectures at Auckland University from 1998 - 2005 (9 lectures each year)
LLM courses at Auckland University and University of Queensland 2006 on legal issues affecting sport. Further course scheduled for September 2008.