Sally Fitzgerald

Partner

Practice Area:

Specialisations:

Sally specialises in complex commercial litigation (with a particular focus on contractual, Fair Trading and regulatory disputes), domestic and international arbitration and construction and infrastructure disputes.

She has acted in a wide range of disputes for leading New Zealand and off-shore entities, including ANZ Bank New Zealand, Fonterra, Telecom, Vector and Westfield.  

• Acting for ANZ Bank in a significant claim brought against it (and BNZ/Westpac) arising out of a historic aircraft financing transaction.
• Acting for Perpetual Trust Limited (PTL) in judicial review proceedings against the Financial Markets Authority, and related proceedings against PTL by its statutory supervisor (at High Court and Court of Appeal level).
• Advising ANZ Bank on all aspects of a Commerce Commission investigation in relation to the ING (now OnePath) DYF and RIF Funds, and related investor claims.
• Regularly advising Telecom on advertising matters, proceedings against other telecommunication service providers, and related Commerce Commission matters.
• Advising Telecom on all aspects of the Commerce Commission's investigation into the Telecom product "UBA with SLES".
• Acting for Westfield in a significant Land Valuation Tribunal matter, which gave rise to a number of novel and complex Rating Act issues.
• Acting for Vector on a range of matters, including proceedings concerning line and pole ownership, and High Court proceedings arising out of gas pipe construction.
• Acting for Fonterra in High Court proceedings concerning the interpretation of milk forecasting provisions.
• Acting for a range of leading New Zealand entities in (confidential) arbitration proceedings.
• Acting for a major Australian health services provider on a range of disputes, including urgent interim relief in relation to the pathology industry.
• Acting in proceedings for a computer equipment financing company in a dispute with Lloyds of London.
• Acting in a health and safety prosecution in relation to the collapse of the Heathrow Express tunnel during its construction.
• Acting on a major statutory arbitration in the New Zealand dairy industry.
• Acting on a dispute in relation to the Spencer Street railway station development (under PPP system) in Melbourne.
• Regularly advising on complex dispute resolution clauses and systems, including arbitration, mediation, expert determination and dispute review boards. 
   
   

Professional Memberships:

• Associate, Arbitrators' and Mediators' Institute of New Zealand Inc (AMINZ)
• Vice President, AMINZ Appeals Tribunal
• Author, Arbitration Chapters, Sims High Court Practice
• Council Member, Auckland Branch, New Zealand Law Society
• Member, Society of Construction Law NZ Inc