David
O’Neill

David is Hamilton born and bred. He went to local schools and then undertook an LLB at Otago University, graduating in 1980.

David worked in Napier for 3 years and returned to Hamilton in 1984, becoming a partner at O’Neill Allan and Parker in 1985. He was part of a 3-partner litigation team and eventually headed that litigation team.

David became a barrister in 1995.

Career highlights

David has appeared at all levels of New Zealand jurisdiction up to the Court of Appeal. He has made appearances in the Cook Islands.

Notable cases

Shine v Green & Ors [2018] NZHC 1382

An application brought by a trustee in relation to an intestacy. The ultimate beneficiary (my client) sought an order (successfully) that the residue be paid to him. He had been estranged from the testatrix for decades and she died leaving everything to their (her) son who, shortly thereafter, died intestate and, by virtue of the Administration Act, the estate was left to the father of the deceased (my client). The argument revolved around interpretation of the Act and common law.

Roband v O’Sheas & Or [2018] NZHC 1241

Appointed Amicus by the High Court to make submissions concerning the position of an unsuccessful plaintiff in a civil trial where the successful defendants had sought indemnity costs against her. The submissions made were partially successful in that the application was granted in part and costs awarded against the unsuccessful plaintiff were reduced.

Davis et al v White [2016] NZHC 1626

An application by trustees to the court for directions to pay the trust fund to The Freemasons. The Respondent (my client) was the widow of the settlor and opposed the application. The trust deed had been lost. The Court held the trust was no longer in existence. The fund held by the “trust” became part of the residue and the widow inherited the fund as the residuary beneficiary. The case/decision was notable for two reasons.

a. It was a Trans-Tasman proceeding and the court heard the widow’s evidence via AVL link in Australia.

b. There was no decided caselaw in NZ that mirrored this situation and recourse was had to Australian caselaw.

KFW v KBW [2019] NZFLR 314

An appeal against refusal to grant a protection order. Instructed to take it on appeal to the High Court which overturned the Family Court decision despite the Family Court having the advantage of seeing /hearing the witnesses, applying the Austin Nicholls principles and the latest case law on Domestic Violence.

B & F Papers v NZPC Holdings and ors [2019] NZCCLR 9

Represented the successful plaintiff in relation to company guarantees and Limitation issues. Notable because the guarantee was held to be valid notwithstanding Limitation issues raised by the Defendant.

Shabor v Pine Ridge Trustees et al [2020] NZCPR 440

Successful defence against a $1+ million claim regarding a farm purchase and misrepresentation. The Court upheld an exclusion clause in the agreement for Sales & Purchase- currently on appeal.

Avon Parnell v Chevin [2020] NZHC 976

An injunction arguing, for the first time in NZ, the meaning of s.18 Companies Act and whether a fraudulently appointed director could hold a company to a contract. There was no case law in NZ on the issue.

Cochrane v Bettley [2020] NZHC 2092

Represented the trustees In a long running trust dispute – over 20 years, - finalised in the High Court with the defendant’s claims being dismissed, the trustee’s applications to finalise the trust being granted and indemnity costs being awarded to the trustee.

Wilkinson v Wilkinson [2019] NZHC 1729

A multi-party dispute involving several million dollars, numerous claims and counterclaims and several Eastlite folders of evidence finally settling with consent orders after several years of bitter litigation.

Tot Toys Ltd v Mitchell [1993] 1 NZLR 325

The leading case in the field of copyright and passing off.

Natural Selection Clothing Ltd v Commissioner of Trademarks [1996] 2 NZLR 148 (CA)

This was a case involvement trademarks taken against the Commissioner of Trademarks which ultimately ended up in the Court of Appeal where Natural Selection Clothing was successful.

Lakeland Steel Products Ltd v Stevens [1996] 2 NZLR 749

Another leading case in the field of copyright, and in particular reverse engineering.

Williams v Simpson (No. 5) [2011] 2 NZLR 380

A case where he was acting for a trustee involved in cross border insolvency matters.

Powerbeat Canada Ltd v Powerbeat International Ltd [2002] 1 NZLR 820

A lengthy trial involving an international contract.

Ormsby v van Selm & Ors [2015] NZHC 2822

This matter was an appeal from a Family Court Family Protection claim which ultimately went to the Court of Appeal.

Additionally, David has been involved in lengthy trials in the High Court and has appeared as Amicus Curiae in a number of cases.