Elliot specialises in civil litigation with a focus on Financial Lines, including Directors and Officers Liability and Professional Liability, and Construction, including Major Property Loss and subrogated recoveries. Elliot advises insurers, insureds, and underwriters in New Zealand and the international market.
Elliot believes that law is about the people and strives to ensure that his approach is tailored to his clients’ objectives. He has an eye for the detail and enjoys multi-faceted problems where consideration for broader impacts of decision making is key. Elliot firmly believes that there is always a practical and commercial way to achieve his clients’ objectives. His clients describe this as his ability to make complex issues seem simple and to walk with them through difficult and often stressful situations.
Elliot is an avid sportsman, previously competing at a national level in athletics, and more recently taking up rowing where he enjoys training and contributing to the club community. Elliot has a strong belief in the importance of access to justice and sees the enormous value in Wotton Kearney’s pro bono programme.
- Juniored in High Court summary judgment proceedings in relation to a $750,000 debt arising from a contractual default.
- Advised on reinstatement provisions of various high value insurance policies (D&O, POSI, and DIC) held by former directors of CBL Insurance, which, at the time share trading was halted, was valued at approximately $750 million.
- Acted on several matters involving claims by subsequent purchasers in multi-party proceedings relating to latent construction defects, with liability insurers subrogated under a statutory charge by virtue of section 9 of the Law Reform Act 1936. The matters involved complex issues of mixed fact and law, including whether the defects were caused or contributed to by certain defendants, and whether settlements with one defendant would operate to discharge liability for portions of other defendants’ alleged negligence.
- Defended client pursued by liquidators in capacity as a shareholder and employee. Successfully ran ‘value’ and ‘change of position’ defences under section 349 of the Property Law Act.
- Acted on a complex fiduciary duties case against former solicitor, first mortgagee and related entities, which, in alleged breach of various equitable trusts, conspired to burn off the plaintiffs former second mortgage.
- Advised publicly listed company on claim against insurance broker alleging negligent cover placement and claims notification.
- Acted on a matter involving a defective residential property and allegations against the conveyancing practitioner and Council.
- Class Actions
- Commercial Litigation
- Construction and Infrastructure
- Directors and Officers Liability
- Financial Institutions
- Professional Liability
- Property – Major Loss
- Subrogated Recoveries
- Construction and Infrastructure
- Financial Institutions and Services
- Manufacturing and Consumer Goods
- Professions and Business Services
- Public Sector