K3 Legal

When diverse minds get together, sparks fly

Peter Napier

Director
Legal

As a director in K3's civil and commercial litigation team, Peter brings decades of experience, including successfully conducting a large number of complex commercial and professional indemnity claims.  Peter has expertise and experience in general civil litigation, claims against insurers, acting for both plaintiffs and defendants in professional negligence claims, professional disciplinary cases, trusts and will disputes and insolvency.

 

Peter has argued a number of notable cases, including Barbarich v ACC which established that the eggshell skull syndrome applied to qualifying accidents; Cox & Coxon Ltd v Leipst (Court of Appeal) which established that expectation damages are not awardable under the Fair Trading Act; Quinn v REAA & Ors which established that compensatory damages are not available under the Real Estate Agents Act; de Morgan v Attorney General of New Zealand (Privy Council) which established that there was no right to appeal to the Privy Council from a decision which originated in the District Court; Kena Kena Properties Ltd v Attorney General of New Zealand (Privy Council) which established that there was no automatic right to increase the contractual price of rest home services to recoup an increase in GST payable; JCS Cost Management Limited & Anor v QBE (Court of Appeal) which established that cover for defence costs is only available when a successful claim would have been covered under the primary indemnity.

 

Claims for and against Insurers

Acting in cases where insurers have declined cover for both insurers and the insured, including acting for the insureds in a multi-million dollar claim where insurers declined cover for typhoon damage for cars in Japan.

 General Commercial Litigation

Over three decades of experience in a wide variety of claims, including as lead counsel in the High Court, Court of Appeal and Privy Council.  

 Insolvency

Acting for parties seeking to set aside statutory demands, including successfully upholding a judgment to set aside a statutory demand in the Court of Appeal.

 Professional Disciplinary Cases

Acting for individuals facing charges before their professional disciplinary boards including the Law Society Disciplinary Tribunal, the Engineers Disciplinary Tribunal, the Chiropractic Disciplinary Board, the Surveyors Disciplinary Tribunal, the Health and Disability Commission and the Real Estate Agents Disciplinary Tribunal

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