Kelly Quinn KC

• LLM – University of Auckland
• LLB – University of Auckland
• BA (Philosophy) – University of Auckland

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Kelly’s early career included several years in the Construction and Energy team at a prominent national firm, followed by a stint as a Crown Prosecutor. He then practised in Hong Kong for nine years including five years in the litigation and arbitration team at Linklaters.

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After returning to New Zealand he moved to the independent bar in 2007 and was appointed King's Counsel in 2024.

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Construction Law

Kelly is a leading construction litigator. He acts for subcontractors, contractors and principals in matters involving a very wide range of construction law issues. He is familiar with the main domestic and international standard form construction contracts and regularly represents clients in adjudication proceedings under the Construction Contracts Act 2002. Kelly has represented clients in construction disputes involving projects in Hong Kong, India, Japan, China, Vietnam, Thailand and New Zealand.

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Commercial Litigation

Kelly’s general commercial litigation experience has included franchise disputes, shareholder and joint venture disputes, contentious receiverships, disputes concerning the sale and purchase of property and businesses, lease disputes, insurance claims, leaky buildings and a wide variety of contractual disputes generally. He is regularly instructed on injunctions.

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Arbitration

Kelly has construction arbitration experience in New Zealand, Hong Kong, India and China. He has been appointed as sole arbitrator on domestic and international disputes, and as an expert for the purposes of expert determination.

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Kelly was awarded the Sir Ronald Davison Prize for excellence in award writing in the 2022 AMINZ Fellowship examination.

Vehicular Right of Way - Actionable Interference

Counsel for the servient landowner, successfully resisting an action based on the existence of permanent structures intruding into an easement corridor. Wimax New Zealand Limited v Fuge [2025] NZCA 31.

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Regional Infrastructure - Irrigation Dam

Lead counsel for the Principal in arbitration of numerous claims arising out of the construction of the largest dam in New Zealand in the last 25 years. Settled 2024.

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Liability for Tender Design II

Representing a design and build head contractor in its successful claim against its design engineer for breach of contract at the tender design stage. Case concerned the pavement design for Waka Kotahi's Southern Corridor Improvement project (Auckland's Southern Motorway). Judgment obtained for the full amount sought. CPB Contractors Pty Limited v WSP New Zealand Limited [2024] NZHC 640.

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Liability For Tender Design I

Acting for the head contractor on a design and build contract at the Devonport Naval Base, where the design engineer provided a defective mooring design at tender stage. Judgment obtained on the basis of breach of express warranty. H Infrastructure Limited (in liq and rec) v Worley New Zealand Limited [2022] NZHC 1316.

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Vendor & Purchaser – Misrepresentation

Acting for the purchasers of a farm in the Waikato, claiming misrepresentation by the vendor as to the farm’s carrying capacity. Claim failed at trial but was successful on appeal. Shabor Limited v Graham [2021] NZCA 448.

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Southern Response Class Action

Obtaining the first opt-out order in New Zealand (in the Court of Appeal, sustained in the Supreme Court) for a class action involving more than 3,000 homeowners whose properties were destroyed or badly damaged in the Canterbury earthquakes. The claim, alleging misrepresentation by Southern Response inducing entry by the homeowners into undervalued settlements, subsequently settled. Southern Response Earthquake Services Ltd v Ross [2020] NZSC 126.

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Quantum Meruit

Obtaining judgment for Electrix Ltd against Fletcher Construction, following a four-week trial, in a rare case alleging quantum meruit arising out of the construction of the Christchurch Justice and Emergency Services Precinct. Judgment worth over $10m including interest and costs. Electrix Ltd v The Fletcher Construction Company Ltd [2020] NZHC 918.

Kelly is ranked in Chambers and Partners Asia-Pacific 2025 Dispute Resolution – The Bar "New Silk" category.

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Doyles Leading Construction & Infrastructure Law Barristers. Ranked as “Leading – Junior Counsel”, 2019.

• “The butcher, the baker, the candlestick maker – just let them get on with it” [2020] NZLJ 187
• “Suspension of construction contracts in the time of COVID-19” [2020] NZLJ 144
• “Liquidated damages in long-term relational contracts” [2017] NZLJ 256