David Friar

Contact

david.friar@millslane.co.nz+64 21 850 314

David is an Auckland barrister specialising in commercial litigation. He has particular expertise in insurance, corporate and insolvency law, as well as property, contract and class actions. 

David has 30 years’ experience spanning all aspects of commercial disputes and advice.

He takes a strategic approach to litigation.

In some cases, that means taking a case to trial. David is an experienced trial lawyer, acting as senior counsel in trials in the High Court and other jurisdictions. He also takes appeals, and has argued cases in the Court of Appeal and Supreme Court.

Other cases call for settlement. David has extensive experience at mediation and in direct settlement negotiations.


‍

Before joining the bar, David was a partner at Bell Gully for 11 years, where he was head of the litigation department. He has been ranked by the leading legal directories since 2016: 

  • Chambers Asia-Pacific says that David is “respected as an ‘excellent lawyer’ by market sources” with “extensive litigation experience”.
  • The Legal 500 says that David is a “standout” practitioner who is “lauded by clients for his depth of enquiry and understanding and strong courtroom advocacy”.
  • Benchmark Litigation named him New Zealand Litigation Lawyer of the Year in 2020–21.


David writes and speaks extensively on commercial law and litigation, and regularly publishes legal updates on LinkedIn.


You can find out more about David and his practice at davidfriar.co.nz.

Notable Cases and Experience

Commercial and Companies Litigation

Confidential joint venture dispute, 2026

Senior counsel for a large multinational in a dispute with another large multinational concerning storage and supply arrangements.

GR v Cogent, 2025 High Court Auckland

Senior counsel in High Court proceedings concerning alleged breach of contract and negligence in relation to a cyber breach by a malicious actor.

Amphenol Phitek Ltd v Moody, 2019 High Court Auckland

Senior counsel for the vendor shareholders of Phitek Systems defending a High Court claim for breach of warranty, misrepresentation and misleading conduct in respect of the due diligence material provided on the sale of the company.

Harvey v NZ Association of Credit Unions [2019] NZHC 1174

Senior counsel for the Association opposing an application for an interim injunction to prevent a continuity initiative.

Insurance and Brokers

BC 390670 v AIG and IAG (Bellagio Apartments), 2026 High Court Wellington

Senior counsel for the insurers in multi-million dollar proceedings concerning a claim for property damage by the body corporate following the Kaikōura earthquake.

Equity Trustees (Diversified NZ Property Trust) v IAG, 2022 High Court Auckland

Senior counsel for the insured in multi-million dollar proceedings against the insurers for material damage and business interruption to the Queensgate Shopping Centre following the Kaikōura earthquake.

Fletcher v Lawlink and Resolution Life [2021] NZHC 3543, [2022] NZHC 381, [2025] NZHC 162

Senior counsel for the insurer in a High Court trial concerning a total disability claim and the insured’s obligation to attend an examination.

Brierley Investments Ltd [2020] NZHC 2773, [2021] NZHC 1556, [2022] NZHC 150

Junior counsel to Campbell Walker KC, and senior counsel on interlocutory matters, acting for PwC in High Court proceedings alleging breach of duty in providing advice.

Dodds v Southern Response [2019] NZHC 2016

Senior counsel for the insurer at trial in a property insurance dispute concerning alleged misrepresentation by the insurer of rebuild costs.

Southern Response v Shirley Investments [2017] NZHC 3190

Senior counsel for the insurer in a High Court test case on the “buy another house” option in a property insurance policy.

Canterbury Earthquakes, 2014-2026

Senior counsel for Southern Response, Tower and Vero in dozens of proceedings arising from the Canterbury earthquakes, in the High Court, District Court, Canterbury Earthquakes Insurance Tribunal (CEIT) and New Zealand Claims Resolution Service (NZCRS)

NZ Fire Service Commission v IBANZ [2015] NZSC 59

Junior counsel for IBANZ and the broking industry in the Supreme Court in relation to fire service levies, and lead counsel on the composite policy issue.

Earthquake Commission v Insurance Council of New Zealand [2014] NZHC 3138, [2015] 2 NZLR 381

Senior counsel for Southern Response before a full bench of the High Court in a test case on whether an earthquake-induced increase in flooding vulnerability was physical damage.

Regulatory

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David is an Auckland barrister specialising in commercial litigation. He has particular expertise in insurance, corporate and insolvency law, as well as property, contract and class actions. 

David has 30 years’ experience spanning all aspects of commercial disputes and advice.

He takes a strategic approach to litigation.

In some cases, that means taking a case to trial. David is an experienced trial lawyer, acting as senior counsel in trials in the High Court and other jurisdictions. He also takes appeals, and has argued cases in the Court of Appeal and Supreme Court.

Other cases call for settlement. David has extensive experience at mediation and in direct settlement negotiations.


‍

Before joining the bar, David was a partner at Bell Gully for 11 years, where he was head of the litigation department. He has been ranked by the leading legal directories since 2016: 

  • Chambers Asia-Pacific says that David is “respected as an ‘excellent lawyer’ by market sources” with “extensive litigation experience”.
  • The Legal 500 says that David is a “standout” practitioner who is “lauded by clients for his depth of enquiry and understanding and strong courtroom advocacy”.
  • Benchmark Litigation named him New Zealand Litigation Lawyer of the Year in 2020–21.


David writes and speaks extensively on commercial law and litigation, and regularly publishes legal updates on LinkedIn.


You can find out more about David and his practice at davidfriar.co.nz.

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