recognised leaders in the development of the law of negligence
Susan is admitted as a barrister and solicitor in New Zealand and also as a solicitor in England & Wales.
Over the last 30 years her practice has focused on managing claims on behalf of professionals and their insurers. In recent years her focus has moved towards construction related claims acting on behalf of local government. In her work Susan strives to ensure that claims are managed in a collaborative manner with an emphasis on the early identification of the both the legal and commercial issues that require attention.
For many years Susan was the managing partner of the firm and its predecessor. Susan is now a consultant to the firm continuing to act on a regular basis for the firm’s clients particularly during the course of negotiation and if a matter is required to be determined by way of arbitration or in court. Susan appears in court at all levels and is a well respected litigator.
Susan is based in the South Island but continues to travel throughout New Zealand for the purposes of assisting the firm’s clients whenever that is necessary.
Body Corporate 160361 v BC 2004 Limited (Fleetwood Apartments) (No 2) (HC)
Body Corporate 330324 v Brown (City Gardens) (No. 2) (HC)
Body Corporate 330324 & Ors v Auckland Council & Ors (City Gardens) (No. 1) (HC)
Body Corporate 160361 v BC 2004 Limited & Ors (Fleetwood Apartments) (No. 1) (HC)
Johnson v North Shore City Council (CA)
Clearwater Cove Apartments Body Corporate No 170989 v Auckland Council (HC)
Scandle v Far North District Council (CA)
Clearwater Cove Apartments Body Corporate 170989 v Auckland Council (WHT)
Scandle v Far North District Council (HC)
D A Constable Syndicate 386 v Auckland District Law Society (CA)
O’Hagan v Body Corporate 189855 (Byron Avenue) (CA)
Auckland District Law Society v D A Constable Syndicate 386 (HC)
Mullen v Rodney District Council (HC)
We succeeded in securing judgment against the builder on the council's cross claim.
We successfully applied on the council's behalf to adjourn a 12 week trial when the claimants tabled nearly 1,000 pages of reply evidence 5 weeks before the trial was due to commence.
The ten year long stop defence does not apply to cross claims for apportionment between joint tortfeasors.
The court was the impediment to a settlement between the apartment owners and the council.
This was a professional liability case brought by the owners of a “leaky building”. We acted for the council on an appeal from a judgment of the High Court to the Court of Appeal.
The council maintained an award of indemnity costs on appeal in respect of the unit holders who brought unmeritorious claims against it and acted in bad faith.
The council preserved the finding that it had no liability to the owner of a building with foundation and weathertightness defects on appeal to the Court of Appeal.
The council was found liable for only $2,909.50 on a claim of over $1.5 million.
The Supreme Court was invited to reconsider Hamlin and found it continued to apply.