Capabilities
Litigation
Trust and estate
disputes
Property,
building and construction disputes
Employment relations
Andrew is a tenacious litigation lawyer. He is focussed on
achieving great results for his clients and brings a fresh and
pragmatic approach to any dispute.
Andrew regularly appears as counsel in the District and High
Courts, New Zealand Employment Relations Authority and the
Employment Court. He has also appeared successfully in the Court of
Appeal. He represents clients in a variety of commercial and
property disputes, and employment relationship
problems.
Trust and estate disputes
Andrew has particular expertise in relation to trusts and estate
litigation. He works closely with the firm's private client
team. He advises trustees challenged by disgruntled beneficiaries,
and assists disgruntled beneficiaries unhappy with decisions of
trustees. His clients include high net worth individuals and
directors of trustee companies.
Examples of work
- Assisting the settlor of a trust to undo the trust where there
had been improper pressure and undue influence affecting how it had
been set up.
- Recovered damages for clients in a failed property sale
agreement, bypassing the insolvent trustee purchaser and satisfying
the claim direct against the trust assets. The vendor clients
taking advantage of an underutilised legal tool known as the
creditor's right of subrogation into the trustee's right of
indemnity against trust assets.
- Representing the successful party in Visini v Cadman
cited in the High Court Rules and now the leading Court of Appeal
authority for the legal principle that a trustee may
retrospectively ratify and cure the unauthorised acts of their
co-trustee.
- Acted for disinherited children to obtain relief under the
Family Protection Act 1955
- Secured damages for a purchaser under 15 sale and purchase
agreements which had long periods of settlement. The defaulted
vendor was forced to complete the transactions.
- In one of the first cases of its kind in New Zealand, secured a
6 figure pay-out for a client against her de facto partner for
services as a housekeeper and mother of their own children on the
basis of quantum meruit (i.e. reasonable compensation for
"services" rendered on the grounds of unjust enrichment).
Andrew has particular expertise in relation to trusts and estate
litigation. He works closely with the firm's private client
team. He advises trustees challenged by disgruntled
beneficiaries, and assists disgruntled beneficiaries unhappy with
decisions of trustees. His clients include high net worth
individuals and directors of trustee companies.
Examples of work
• Assisting the settlor of a trust to undo the trust where there
had been improper pressure and undue influence affecting how it had
been set up.
• Recovered damages for clients in a failed property sale
agreement, bypassing the insolvent trustee purchaser and satisfying
the claim direct against the trust assets. The vendor clients
taking advantage of an underutilised legal tool known as the
creditor's right of subrogation into the trustee's right of
indemnity against trust assets.
• Representing the successful party in Visini v Cadman cited in the
High Court Rules and now the leading Court of Appeal authority for
the legal principle that a trustee may retrospectively ratify and
cure the unauthorised acts of their co-trustee.
• Acted for disinherited children to obtain relief under the Family
Protection Act 1955
• Secured damages for a purchaser under 15 sale and purchase
agreements which had long periods of settlement. The
defaulted vendor was forced to complete the transactions.
• In one of the first cases of its kind in New Zealand, secured a 6
figure pay-out for a client against her de facto partner for
services as a housekeeper and mother of their own children on the
basis of quantum meruit (i.e. reasonable compensation for
"services" rendered on the grounds of unjust enrichment).
Building defects law
Andrew has considerable expertise in the building industry and
has acted for numerous clients in building defect claims (including
leaky
buildings). His cases include plaintiff body corporates in unit
title developments and individual home owners as well as defendant
professionals and construction trade defendants - through the
courts, in arbitration and via all forms of alternative dispute
resolution.
Examples of work
- Acting for owners in a multi-unit body corporate situation in
an action against the developer, council and other for defective
building and inspection work.
- Acting for individual owners in claims for defective building
works.
- Acting for vendors defending against claims for breach of
warranties in sale and purchase agreements
- Acting for disappointed purchasers against vendors of property
with defects including building defects and properties otherwise
affected, such as, with contamination as a result of being used for
the consumption or production of "P".
- Acting for builders and other professionals involved in
construction and leaky building case disputes.
Testimonials
"Andrew was an immediate breath of
fresh air, giving us his candid perspective of the merits of our
case and outlining our options along with experience-based cost
estimates, so we quickly and efficiently determined the best path
forward. He then helped us bring our case to closure efficiently
and cost-effectively by giving us clear and straightforward advice,
and rapid follow-up on what we decided.
Most important to us was Andrew's humility, never treating
us with anything other than empathy, respect and dignity through a
very difficult situation of great personal stress and
pressure.
I recommend Andrew without reservation!"
Paul
Recent cases
Visini v Cadman [2012] NZCA 122
Morgan v Public Trust reported [2007] BCL 114
Ginian Coy Ltd (in liq) v Glenvista Properties Ltd
reported [2003] BCL 725
Memberships
New Zealand Society of Construction Law
Auckland District Law Society Civil Litigation Committee
Biography
Andrew Steele has 25 years' experience in civil and commercial
litigation. Previously a partner at Chamberlains, Andrew became a
partner with Martelli McKegg in 2006. He is a New Zealand Law
Society Costs Assessor.
Andrew was admitted to the High Court of New Zealand as a
barrister and solicitor in 1988 and as a solicitor in England and
Wales in 1992.
Recent articles
Discretionary
beneficiaries have rights too!
What do you mean I'm not the trustee of mum and dad's
trust?
Why loans and
gifts need to be documented
Assessing testamentary
capacity - is there really an important new development?
Settling
employment disputes by mediation
Constructive trust claims against express trusts (Butterworths
Conveyancing Bulletin Volume 16, Issue 7, October
2014:91-93)
When
are producer statements supplied in the course of construction
actionable?
Proposed increases to the size of Disputes
Tribunal claims
Tips for better employment relations over
Christmas
Employment
law legal analysis - must employers redeploy redundant employees?
(Employment Law Bulletin Issue 2 Apr 2013:35-37)
Leaky
Homes: Headcontractor not liable for work of
sub-contractors? (Butterworths Conveyancing Bulletin 15(5) Aug
2012:57-60)
Mainzeal leaky building
fallout