Will Irving

Partner

Litigation

Profile

Will is a partner in Russell McVeagh's litigation practice. Based in our Auckland office, Will specialises in commercial litigation, with a particular focus on financial services, regulatory enforcement, energy, infrastructure and construction.

Will appears for clients in Court and in arbitrations, acts for clients in regulatory investigations, and regularly advises clients on contractual issues, statutory and regulatory compliance, law reform and the prevention of disputes.

Experience

Will's experience includes:

  • Acting for financial institutions in investigations by all of New Zealand's financial regulators, including particular experience in relation to the Credit Contracts and Consumer Finance Act, the Anti-Money Laundering and Countering Financing of Terrorism Act and the NZX Listing Rules.
  • Advising a property developer in relation to complex land covenant issues. 
  • Acting for a property owner in an arbitration against a former tenant in relation to issues arising out of earthquake damage. 
  • Advising a life insurer in relation to the FMA and RBNZ review of conduct and culture.
  • Appearing for the Electricity Networks Associations as intervener in judicial proceedings brought by Vector against Utilities Disputes Limited, in relation to the issue of whether lines companies owe a duty of care to commercial users of electricity: Vector Ltd v Utilities Disputes Commissioner [2018] NZHC 3096.
  • Acting for Turners & Growers in proceedings brought against it by a former grower, including appearing in contested interlocutory applications: Thode v Turners and Growers Horticulture Ltd [2018] NZHC 2234 and [2018] NZHC 890.
  • Acting for a lender in successful obtaining summary judgment against a defaulting borrower: Downtown House (No 2) Ltd v Ensom [2019] NZHC 724.
  • Acting in an arbitration for a principal against the contractor under a construction contract.
  • Appearing in an arbitration for a property developer against Auckland Council.
  • Appearing in an arbitration for a property developer against a contractual counterparty.
  • Advising on the application of the Credit Contracts and Consumer Finance Act, including advising on a retail bank's rewrite of its loan terms and conditions to comply with the June 2015 changes to the Credit Contracts and Consumer Finance Act.
  • Acting for a retail bank in High Court proceedings involving fraud by an employee of one of its banking customers and associated breach of mandate claims.

Credentials

LLB (Hons), BA (University of Auckland).

Professional

Will joined Russell McVeagh as a solicitor in 2011 and moved into the role of senior solicitor in June 2014. He became a senior associate in December 2016 before his promotion to partner in June 2019.

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