Partner - Auckland

Mark Davies

Mark is known for his perseverance and agility when advocating for clients in highly complex matters and for achieving excellent outcomes, no matter the odds.

Mark is known for his perseverance and agility when advocating for clients in highly complex matters and for achieving excellent outcomes, no matter the odds.

Mark Davies

About

As one of the lead Partners in MC’s commercial litigation practice, Mark acts for a wide range of corporate clients as well as government bodies providing a full range of civil and commercial litigation advice and advocacy services. He is vastly experienced in mediation and arbitration work and has substantial experience in High Court civil proceedings.  He also has specialist expertise in contractual disputes, property and leasing disputes and insolvency litigation, particularly around breaches of directors' duties. 

Mark was responsible for setting up, and leads, MC Sports Law practice.

Recent Cases & Achievements

Acted for an overseas private equity fund in proceedings relating to significant contract related litigation involving property transactions of over $100 million arising out of the Kawarau Falls Station development failure (GDF LLP & Anor v Melveiw (Kawarua Falls Station Investments Limited) (In receivership)).

Mark was the partner responsible for assisting the Ministry of Education to obtain recoveries in relation to defective buildings in its national school portfolio. This programme was run over many years on a national scale.  Mark was responsible for managing multiple substantial claims for damages in the High Court and succeeded in returning substantial funds to the Crown.  As part of this programme Mark was lead counsel in the High Court trial of The Minister of Education & Ors v H Construction North Island Ltd (formerly Hawkins Construction North Island Ltd).  Mark was successful in obtaining a substantial judgment of over $13 million after trial, and then securing a costs award against the parent company, McConnell Limited of over $1 million.  Mark continues to act for the liquidators of HCNIL in substantial claims against the directors in the High Court.

Mark has acted on several of the major cases involving recoveries by liquidators for breaches of directors duties. In Morgenstern & Anor v Jeffreys an award of $3.49 million made by the High Court was upheld in the Court of Appeal in which Mark represented the Liquidators. He was also lead counsel in the Rowmata Holdings Limited (in liquidation) & Anor v Hildred & Ors trial where his liquidator clients successfully obtained significant judgments against the company directors.

Mark was also lead counsel in the high profile and long running case brought by Fuji Xerox New Zealand against its former Managing Directors and CFO.  In this context Mark developed a specialist experience acting for offshore entities and Japanese corporations in particular.

Mark has acted for the Blues Super Rugby franchise as well as regularly giving advice to Drug Free Sport New Zealand and assisting High Performance Sport New Zealand.

Credentials

Admitted as NZ Barrister and Solicitor, 1994

LLB/BA (majoring in Criminology and Psychology), Victoria University of Wellington

M Phil, University of Cambridge (United Kingdom)