Contact Kellie
Phone
Postal address
PO Box 207, Shortland Street,
Auckland 1140
Kellie Arthur
BARRISTER
Kellie has a broad practice, acting in a range of civil and commercial disputes. Her practice encompasses contract and tort claims, trusts and estates litigation, property disputes (including relationship property disputes) and shareholder disputes. She has appeared in the High Court and Court of Appeal and in domestic and international arbitrations.
Kellie is known for her personable approach, quick-mind and robust and pragmatic approach to legal problems.
Before joining the Independent Bar in 2018, Kellie worked at Chapman Tripp, where she advised and acted for clients in a range of complex commercial disputes. Prior to her legal career, Kellie worked in New Zealand and internationally providing strategic advice to large, corporate clients.
Alongside her practice, Kellie is a Council Member and Vice President (Auckland) of the New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture (NZBA). She also is on the NZBA Management Committee, and co-chairs the NZBA Conference Committee and the NZBA Membership and Wellbeing Committee. Kellie is a faculty member of the New Zealand Law Society | Te Kāhui Ture o Aotearoa Litigation Skills Programme (2024). She is a former Vice-President of Auckland Women Lawyers’ Association.
Kellie is also a member of FortyEight Shortland Barristers in Tāmaki Makaurau Auckland.
Qualifications
LLB (Hons), University of Auckland Waipapa Taumata Rau, 2010
BA, BCA (Hons), Victoria University of Wellington Te Herenga Waka, 1997
Admitted as Barrister and Solicitor of the High Court of New Zealand, 2011
Memberships
Council Member & Vice President (Auckland), New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture
Faculty Member, New Zealand Law Society | Te Kāhui Ture o Aotearoa Litigation Skills Programme (2024)
Member, Te Hunga Rōia Māori o Aotearoa
Member, Auckland Women Lawyers’ Association
Lawyers for Climate Action New Zealand Inc.
Notable cases
Patel v Patel [2022] NZHC 3567
Counsel for first, third and fourth defendants/respondents in constructive trust proceedings in the High Court and Court of Appeal. The plaintiff brought a derivative action in equity on behalf of parents’ estates. Clients were successful on all grounds in the High Court and Court of Appeal.
Laboyrie v Mills [2022] 2 NZLR 258; [2020] NZHC 700
Counsel, with Simon Foote KC, for plaintiffs/respondents in High Court trial and Court of Appeal hearing regarding a family dispute over estate property, which concerned common intention constructive trusts, the Pallant v Morgan equity, advancing estoppel in the face of a statute, and non-party costs awards against sole executor/sole beneficiary of an estate. Clients were successful on all grounds in the High Court and Court of Appeal.
Hawaiki Submarine Cable LP v Tonga Cable Ltd [2019] NZAR 177
Counsel, with Rob Latton, for plaintiff in High Court proceeding. Successful setting aside of respondent’s protest to jurisdiction. Case notable for the Court’s application of the “doctrine of infection” in relation to guarantees. Where a contract is governed by a given law, the courts will often infer that parties to a guarantee of that contract intended the guarantee to be governed by the same law. The guarantee in issue did not contain an express governing law clause. This case is the first time the doctrine was applied in New Zealand.
Chiem v Fordyce Company Limited [2022] NZHC 1978
Counsel, with Rob Latton, for plaintiff in High Court proceeding. Successfully defended a multi-million dollar counterclaim in negligence.
Li v 110 Formosa (NZ) Limited [2018] NZHC 3418
Counsel, with James Burt, for a defendant in High Court proceedings alleging constructive trust, breach of fiduciary duty, and resulting trust in relation to the purchase of a significant parcel of land in Auckland. The claims against the client were settled in advance of trial.
Significant commercial arbitrations
Appeared as part of the defence team (with Alan Galbraith KC, Jane Anderson KC (as her Honour was then), Adam Ross KC, Daniel Kalderimis and Marie Wisker) in a significant commercial UNCITRAL arbitration, seated and sitting in Singapore.
Appeared as part of defence team (with Jack Hodder KC, Adam Ross KC and James Burt) in relation to a reinsurance dispute arising out of the Canterbury Earthquake Sequence.
