Nathaniel Walker

Partner

Wellington

Litigation

+64 4 819 7858 DDI [email protected] https://www.linkedin.com/in/nathaniel-walker-69107267/

Profile

Nathaniel is an effective litigator, with a proven track record of advocacy at all levels of the New Zealand court system (including the Supreme Court). He acts as a strategic advisor to clients, both in the context of disputes and on sensitive or high stakes projects.

Nathaniel cuts to the chase. He provides succinct, practical advice on a wide range of private and public law matters. He regularly acts on commercial, statutory, negligence and class action disputes, with notable expertise in equity and trusts. His experience includes seeking (and defending) injunctions, including worldwide ex parte freezing orders and pre-publication injunctions in the defamation context.

Nathaniel's equity and trusts practice includes acting for trustees, executors, charitable trust boards, other fiduciaries and beneficiaries across the full spectrum of disputes and applications (including Beddoe, preliminary costs order, review and directions applications). He is often briefed on cross-border matters, and is adept at working alongside offshore counsel to develop and implement a coordinated multi-jurisdictional strategy.

Nathaniel's international experience includes two years in New York, practising at Cravath, Swaine and Moore LLP and completing his Master of Laws at Columbia. He frequently writes and speaks on legal issues, particularly on equity, trusts and commercial law. He authors or co-authors (among other things) fourteen chapters of the leading New Zealand text, Equity and Trusts in New Zealand (3rd ed) (Thomson Reuters, forthcoming 2024) and the New Zealand chapter in International Trust Disputes (2nd ed) (Oxford University Press, 2020).

Related expertise

Litigation

Regulatory

International Trade & Investment

Insurance

Trusts

Experience

Nathaniel's recent experience includes acting for:

New Zealand's statutory disaster insurer in four separate potential class actions arising out of the Canterbury earthquake sequence (High Court and Court of Appeal).
New Zealand's statutory disaster insurer in a large number of proceedings (resolved and ongoing) with customers and other parties (CEIT, GCCRS, High Court and Court of Appeal).
Two companies and a high net worth individual in a high profile defamation matter (High Court and Court of Appeal).
A global technology company in significant proceedings concerning classification / employment status (Court of Appeal).
The trustees in a recent precedent-setting "trust busting" case in the relationship property context (Supreme Court).
One spouse in an earlier precedent-setting "trust busting" case under different relationship property legislation (Supreme Court).
A net worth individual in a complex cross-border claim in equity (including unconscionable bargain) (High Court). This included obtaining (and defending) urgent freezing orders over >$150 million assets and close coordination with offshore counsel (Hong Kong, British Virgin Islands and Singapore).
The beneficiary applicant in the first review of trustee conduct under the new review mechanism in the Trusts Act 2019 (High Court).
The independent executor in a series of related proceedings concerning a disputed high value estate, with litigation in New Zealand (High Court), British Virgin Islands and Hong Kong.
The independent trustee in a long running, high profile domestic trust dispute (High Court).

A statutory trustee corporation in an application to transfer more than 2,000 trust and estate appointments as part of a broader commercial restructure (High Court).
Credit Suisse in an international trust dispute to protest the jurisdiction of the New Zealand courts (High Court).
A private individual to overturn a decision by the Registrar of Companies to prohibit him from acting as a director (High Court).
An energy sector participant in a contentious contractual dispute, settled just prior to trial.
The late Jean and Allan Hubbard (and the executors of their respective estates) in relation to issues arising from the imposition of statutory management and related litigation concerning the alleged sales of various ownership interests.
On the New Zealand law aspects of beneficiaries' claims in Florida state court relating to alleged misappropriated trust funds.
Kiwibank on class action litigation brought against it by Fair Play on Fees (High Court).
Institutional clients in investigations by New Zealand and New York regulators on a range of matters, including anti-money laundering compliance, disclosure and conduct issues.
Lecretia Seales in her application testing the legality of aid in dying services (High Court).

Insights

In addition to chapters in Equity and Trusts in New Zealand (3rd ed) (Thomson Reuters, forthcoming 2024) and International Trust Disputes (2nd ed) (Oxford University Press, 2020), Nathaniel authored the 2024 New Zealand chapter of Enforcement of Money Judgments. He also co-authored the New Zealand chapters of: The Legal 500: Insurance & Reinsurance Comparative guide (2022); Enforcement of Judgments 2022: A Chambers Global Practice Guide; and Insurance Litigation 2022: A Chambers Global Practice Guide. He has co-authored recent journal publications on a range of topics.

Recognition

He is recognised in the leading directories, including Chambers and Partners (High Net Worth) 2023 where one commentator observes that "Nat Walker is a great talent, has the ability to take legal detail, is multifaceted, and has got a very good manner". In an earlier version of the directory, a different commentator described Nathaniel as "very easy to work with and very responsive".

Legal 500's 2024 Guide ranks him as a "Next Generation Partner" in Dispute Resolution and Restructuring & Insolvency, and he is recognised by Best Lawyers® New Zealand 2024 Guide for Litigation, Insurance Law and Financial Institutions. One commentator for Legal 500 noted (in 2023) that "Nathaniel Walker brings a unique combination of sharp focus on detail and constant strategic orientation. He is the best litigation and strategy advisor on my panel".