Gillian has experience in a range of commercial contract disputes, covering issues such as:
- contract interpretation;
- whether a contract has been concluded;
- waiver and estoppel;
- misrepresentation and breach.
- remedies, including issues relating to causation and damages.
She advised SkyCity Entertainment Group Ltd on discrete regulatory issues relating to casino gaming in the context of the recent New Zealand International Convention Centre Agreement between SkyCity and the Government. Under this Agreement SkyCity will build and operate an international scale convention centre, and the Government has granted certain regulatory concessions.
Other examples include:
- providing second opinions on issues of contract interpretation in the context of (confidential) complex commercial contracts;
- acting for the purchaser in a High Court proceeding for damages for misrepresentation relating to a (yet to be built) high rise apartment. The case settled favourably in mediation;
- advising various commercial clients whether their negotiations had led to concluded and enforceable contracts to purchase land;
- proceedings alleging negligent performance of contractual obligations;
Gillian has also given advice on the interpretation of clauses in agreements governing the (non-statutory) source of regulatory powers of public bodies. This overlaps with public law. A recent example was in the context of postal network access.
Gillian has advised, and acted in litigation, on a range of tort disputes, for example, negligence (including cases involving novel duties of care), breach of statutory duty, nuisance, and conversion. A related area of practice is professional negligence, which is listed separately.