Philip Shackleton

Principal 

Philip is a principal in the firm’s Insolvency, Recoveries and Enforcement Group.  He is a specialist banking, finance, and insolvency litigator with over 15 years experience acting for receivers, liquidators, banks, and other financial institutions.  Philip acts for both creditors and debtors.  He regularly advises on both contentious and non-contentious matters.

Philip’s expertise includes receiverships, liquidations, security enforcement, priority disputes, banking litigation and debt recovery.  He has experience across a wide range of industry sectors, including residential and commercial property, dairy, construction and asset-based lending.

  • Successfully acted for a major New Zealand bank in proceedings involving alleged undue influence and the enforceability of the bank’s guarantee, the banker-client relationship, and whether the bank had breached its statutory duties when selling the secured properties (Westpac New Zealand Limited v Gardiner, Gardiner v Westpac New Zealand Limited).
  • Advising the receivers of a variety of New Zealand businesses including three South Island dairy farms, a roading contractor, a stainless steel fabricator and a soup manufacturer.
  • Appearing as lead counsel in the Court of Appeal in a matter involving claims for breaches of director’s duties and orders setting aside a security (Cooper v Debut Homes).
  • Acting as lead counsel for the liquidators of a real estate business where judgment in excess of $500,000 was obtained for breaches of director’s duties (Kiwi Best v Kashkari).
  • Acting for a New Zealand based lender on the repossession and sale of a mixed fleet of construction machinery and luxury vehicles.
  • Acting in relation to contested liquidation proceedings involving defences advanced under the Te Ture Whenua Maori Act (The Commissioner of Inland Revenue v Super Turf).
  • Advising various government departments in relation to insolvency issues.
  • Advising contractors and subcontractors in relation to their rights following the collapse of various construction companies.

BA/LLB – University of Auckland 

Other credentials:

  • Member of RITANZ, NZCFI and BFSLA