Gareth Lewis
Partner
BA/LLB
Fellow of AMINZ (Arbitration)
Admitted 1996
Profile
Gareth has specialist expertise in construction claims, body corporate disputes and employment law. He has over 22 years experience in litigation.
Gareth has acted on many of the leading building defect claims of the past 10 years including the Byron Avenue, Sunset Terraces and Spencer on Byron cases which proceeded to the Supreme Court and created important legal precedents in the law of negligence. More recently, he acted for the successful owners in the Fleet Street, Victopia and Townsend claims.
Gareth regularly advises bodies corporate and unit owners on issues arising under the Unit Titles Act. He appears in section 74 scheme applications before the High Court and Court of Appeal including the recent Uptown Apartments case.
Gareth is a Fellow of the Arbitrators and Mediators Institute of New Zealand (AMINZ). He represents clients in adjudications under the Construction Contracts Act and in building dispute arbitrations.
Gareth’s expertise in employment law spans performance management, disciplinary processes, dismissals, redundancies, OSH prosecutions and Holidays Act issues.
Gareth uses various forms of dispute resolution, including mediations, adjudications, arbitrations and Court hearings. He has appeared in the Employment Relations Authority, WHT, District Court, High Court, Court of Appeal and Supreme Court, including interlocutory applications, trials, appeals, interim injunction applications and insolvency matters.
Gareth is proactive in his approach to legal issues, ensuring common goals are clearly understood & expectations managed. He takes a commercially realistic, pragmatic approach with clients.
Articles
How are repair costs apportioned under section 74 schemes? - December 2018
How To Position Your Body Corporate For Success – May 2016
Leaky Vendor Warranties – BuildLaw, March 2014
Supreme Court divided on damages and contribution as water rights case concludes – NZLawyer , July 2012
Law Commission to reconsider joint and several liability – NZLawyer , November 2011
Leaky school add another piece to non-residential puzzle – NZLawyer , October 2011
Payment Claims & Payment Schedules Revisited – BuildLaw, September 2011
The leaky building legacy – NZLawyer , February 2011
The mixed-use conundrum – NZLawyer
Recent Judicial Decisions
Gu v Body Corporate 211747 [2018] NZCA 396 [1 October 2018] |
01 October 2018 | Download |
Body Corporate 211747 v Gu & Ors CIV-2011-404-4415 [2017] NZHC 2191NZHC 2191 |
08 September 2017 | Download |
Body Corporate 346799 & Ors v KNZ International Co Limited & Ors CIV-2012-404-6290 [2017] NZHC 511NZHC 511 |
22 March 2017 | Download |
Andrews Property Services Limited v Body Corporate 160361NZCA 644 |
22 December 2016 | Download |
Body Corporate 160361 v BC 2004 Limited & BC 2009 Limited [2015] NZHC 1803 [31 July 2015]HC AK CIV-2011-404-4890 |
31 July 2015 | Download |
Messenger & Anor v Stanaway Real Estate Limited & Ors [2015] NZHC 1795 [31 July 2015]HC AK CIV-2012-404-007205 |
31 July 2015 | Download |
Judge v Dempsey [2014]NZHC 2864 |
18 November 2014 | Download |
Johnson & Ors v Auckland Council Ca139/2013 & Ca350/2013 [2013]NZCA 662 |
08 December 2013 | Download |
Body Corporate 207624 v North Shore City CouncilSC 58/2011 |
11 October 2012 | Download |
North Shore City Council v Body Corporate 188529 (Sunset Terraces) & OrsSC 27/2010 |
17 December 2010 | Download |
North Shore City Council v Body Corporate 189855 & OrsCA CA506/2008 |
22 March 2010 | Download |
Body Corporate 189855 & Anor v North Shore City Council & OrsHC AK CIV-2005-404-005561 |
25 July 2008 | Download |
Creak v Body Corporate 180838 & OrsHC AK CIV-2005-404-445 |
21 April 2008 | Download |
Standen v Waitakere City Council & Orsv Waitakere City Council & OrsDC WAIT CIV:2657/04 |
24 April 2007 | Download |