Rowan Butler

• LLB – University of Auckland, 2000

‍

Rowan is an experienced trial and appellate advocate.

‍

He has appeared in numerous trials, arbitrations and appeals ranging across contract law, tort, property, construction and defamation. 

‍

He has been appointed as Amicus on a number of occasions in High Court cases involving trust disputes, judicial review proceedings, Property Law Act forfeiture and Coronial Inquests.

‍

Rowan has appeared in a number of cases involving injunctive relief at both High Court and Court of Appeal level. 

‍‍

Rowan has led seminars for the NZLS, ADLS and Legalwise on Costs in Civil Cases, Claims Against Lawyers and Contractual Disputes. 

‍

Outside advocacy, Rowan is a keen runner, tennis player, tree-planter and father of two.

‍

Haast Energy & Electric Kiwi v The Electricity Authority [2024]NZHC 195

Counsel for the appellants in successfully seeking to over-turn the Authority's first instance findings that the imposition of Scarcity Pricing, under the Electricity Code, did not give rise to Pricing Errors. The appellants also successfully sought interim relief (seeking to prevent the wholesale electricity prices being finalised for the relevant Trading Periods) and increased costs against the Authority (see [2023] NZHC 408).

Alexandra Trotting Club v Canam Construction Ltd

Lengthy construction arbitration before Hon R Hansen QC, acting for the principal in a 13-week hearing on issues of termination and defective building work.

‍

Body Corp 406198 v Argon Construction & Auckland Council [2023] NZHC 3034

Counsel for the plaintiff in a High Court trial before Andrew J, spread across eight weeks. Rowan was principally responsible for liability for both defendants, both of whom were found liable in tort for defective construction and inspection in a recently issued judgment (which is subject to an appeal).

‍

Cato v Manaia Media Ltd & Ors [2023] NZHC 385

Successful defamation claim in the High Court before a Judge and jury. The claim was made by a professional and involved the first attempt to run a defence on the basis the reportage was said to be in the public interest. The jury awarded compensatory damages of$225,000 plus exemplary damages of $15,000. Increased costs were also awarded. Appeal pending.

Detection Services Ltd & Ors v Pickering & Anor [2019]NZCA 575

Successful claim for the plaintiff involving breach of fiduciary obligations. The first trial in the High Court established breach, but relief was declined on the basis the claimant was found to have "unclean hands". A successful appeal to the Court of Appeal over-turned that finding, whereupon the proceedings were remitted back to the High Court for assessment of damages. Following determination of quantum, the defendant appealed damages to the Court of Appeal. The damages award was successfully upheld on appeal. ([2018] NZHC 3310; [2019] NZCA 575; [2020] NZSC35 (application for leave only); [2020] NZHC 35 (quantum); and [2021] NZCA382).

‍

GHL v Jet Trustees [2013] NZHC 1013

A shareholder's dispute under s174 of the Companies Act involving a seven-week High Court trial before Gilbert J.

R v Petricevic & Ors [2012] NZHC 665

Multi-week Judge Alone trial before Venning J related to breaches of the Securities Act and Crimes Act.

BFW v Shi [2022] NZHC 2136

Successful application for summary judgment acting for the defendant in defamation proceedings. The application was brought first in the District Court and was subsequently upheld on appeal in the High Court.

‍‍

Officers C, D and E v Coroner's Court in Hamilton [2021] NZHC 749

Appearance as Amicus on an appeal relating to Notices issued by a Coroner under the Coroner's Act. 

‍

S v Auckland District Court [2019] NZHC 346

Appearance as Amicus in appeal from District Court and Disputes Tribunal involving a construction dispute.

‍

• ADLS Claims against lawyers, February 2018
• NZLS Costs in Civil Litigation, July 2018