Kate has over 30 years’ experience in civil litigation across a broad cross section of subject matters. She brings a proactive approach to litigation, concentrating on strategies that produce the best outcomes for her clients.
She is tenacious in the pursuit of her client’s position. She has experience in a range of forums from tribunals to high court, court of appeal and supreme court matters.
Kate’s practice commenced with general litigation work with supporting roles in High Court trials and sole conduct of District Court trials in family, civil and criminal.
Over time, court experience was gained through inhouse roles at insurance companies NZI and Vero and boutique insurance litigation roles with Jones Fee and McElroys.
From 2009 to 2015, she worked at Heaney and Partners where she had conduct of leaky home claims representing councils in the Weathertight Homes Tribunal, District and High Court and assisted senior council in complex high court claims, court of appeal and supreme court litigation. She represented councils in claims involving the issue of resource consent and LIMS, and public liability claims in the Land Valuation Tribunal, District Court and High Court. She has represented council in a number of mediations, and judicial settlement conferences.
In 2015, she commenced practice as a Barrister. Her practice has focused on territorial authority litigation notably the interface between resource consent and building consent disputes and in the area of nuisance and negligence. She has represented councils throughout New Zealand as lead counsel.
Her practice also includes professional indemnity claims, director and shareholder disputes, construction, company, multi-party multi-unit litigation, class-action claims, property (caveat and equitable claims).
Lead counsel appearing in defence of council in relation to High Court nuisance claim - Atkinson v Waipa District Council May/June 2024 (Judgment to be issued)
Lead counsel appearing in High Court for orders for division and/or sale of co-owned property Robertson v Robertson [2020] NZHC 2272 and supporting counsel to Robert Hollyman KC in Robertson v Robertson [2021] NZCA 295 and Robertson v Robertson [2021] NZHC 3251
Supporting counsel to David Heaney KC on Southland Stadium litigation in the High Court, Court of Appeal and Supreme Court on territorial authority’s liability for the negligent design and observation of structural engineer. Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council and others [2015] NZHC 1983; Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust [2017] NZCA 68; [2017] 2 NZLR 650; Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council [2017] NZSC 190; [2018] 1 NZLR 278;
Supporting counsel to David Heaney KC and Neil Campbell KC in the High Court and Court of Appeal litigation regarding contractual and fiduciary duties of directors upon the sale of a company. Dold and others v Murphy and others [2019] NZHC 1232; Dold v Murphy [2020] NZCA 313
Supporting counsel to David Heaney KC on territorial authority liability for LIM notifications Henry and others v Auckland Council [2015] NZHC 435
