Sally Fitzgerald

Partner

Practice Area:

Specialisations:

Sally specialises in complex commercial litigation (with a particular focus on contractural, Fair Trading and Securities Act issues), domestic and international arbitration and construction and infrastructure disputes.

She has acted in a wide range of disputes for leading New Zealand and off-shore entities, including ANZ National Bank, Fonterra, Telecom, Vector and Westfield.  

• Advising on all aspects of contractual disputes.
• Acting on shareholder disputes, including shareholder oppression claims.
• Advising on corporate sale and purchase and joint venture disputes, including warranty and related claims, breach and termination of joint ventures.
• Advising on trade practices and securities issues (for example, misleading and deceptive conduct, director liability under the Securities Act).
• Acting for banks and financial institutions, including a leading New Zealand retail bank on a major Commerce Commission investigation; for a major Australian bank in proceedings against a Los Angeles based corporation; a consortium of trading banks and leading New Zealand companies in an international arbitration.
• Advising leading telecommunications providers in New Zealand and Australia, including in relation to retail, interconnect and wholesale access disputes (litigation and arbitration).
• Acting for a major Australian health services provider on a range of disputes, including urgent interim relief in relation to the pathology industry.
• Acting in proceedings for a computer equipment financing company in a dispute with Lloyds of London.
• Acting in a health and safety prosecution in relation to the collapse of the Heathrow Express tunnel during its construction.
• Acting on a major statutory arbitration in the New Zealand dairy industry.
• Acting on a dispute in relation to the Spencer Street railway station development (under PPP system) in Melbourne.
• Regularly advising on complex dispute resolution clauses and systems, including arbitration, mediation, expert determination and dispute review boards.