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Partner

Robert Gapes

BCom LLB(Hons) ACIArb

Auckland

P+64 9 977 5076

M+64 21 935 415

Robert Gapes

Rob is a very experienced partner in the commercial litigation group. His areas of expertise include litigation, arbitration, and mediation. He has wide-ranging experience in many fields, and special expertise in product liability, personal injury, and insurance.

Multinational and New Zealand clients regularly call on Rob in a wide variety of commercial and civil matters, such as product liability (including product recall, litigation, regulatory, and advisory work), contract, negligence, personal injury, insurance, conflict of laws, and consumer law disputes.

In the product liability and personal injury spheres, Rob has acted for major corporations on matters involving a diverse range of products, including asbestos, bicycles, building products and tools, chemicals, electronics, electrical and telecommunications equipment, food and beverages, household appliances, jewellery, medical devices and equipment, motor vehicles and accessories, recreational equipment, and pharmaceuticals.

Rob has acted on product liability matters for major corporations based in Australia, Austria, Belgium, Chile, China, Finland, Germany, Japan, Singapore, South Korea, Sweden, Switzerland, the United Kingdom, and the United States of America.

  • The International Who's Who Legal 2017:
    • Product Liability Defence - Leading Lawyer (only New Zealand lawyer recognised) - "one of the principal specialists active in the New Zealand market" and "known as 'the man in town' "
    • Insurance and Reinsurance - Leading Lawyer
    • Life Sciences - Leading Lawyer
  • Euromoney Legal Media Group 2016 - named as one of the Top 30 Product Liability Practitioners in the World
  • Chambers Asia-Pacific 2017 - Recommended Lawyer for Insurance
  • Asia Pacific Legal 500 2016 - Recommended Lawyer for Dispute Resolution and for Insurance - "One of the country's leading product liability lawyers"
  • Expert Guides (Euromoney) - Litigation and Product Liability 2016 - Leading practitioner in product liability
  • Guide to the World's Leading Product Liability Lawyers 2010 - Leading Lawyer

Examples of Work

  • Lai v Chamberlains (Supreme Court) - landmark case, abolishing barristers' immunity from negligence claims
  • Ludgater Holdings Ltd v Gerling Australia Insurance Co Pty Ltd (Supreme Court) - successful protest to the New Zealand courts' jurisdiction over a foreign product liability insurer
  • Moldauer v Constellation Brands Inc (Court of Appeal) - successful protest to the New Zealand courts' jurisdiction over a foreign employer
  • Lam v NZ International Trustee Co Ltd - examination of New Zealand witnesses for the purpose of Hong Kong proceedings, on behalf of the estate of an assassinated businessman
  • Vertex Group Holdings Ltd v Stewart - litigation relating to validity of directors' appointments, resulting in the court appointment of an independent chairman
  • The Coca-Cola Company (United States) - court orders and examination of a New Zealand witness in relation to a putative class action in Atlanta

Other Credentials

  • World Class Actions - Co-author
  • Product Liability, Jurisdictional Comparisons - Co-author
  • Product Liability in the Asia-Pacific - Co-author
  • International Product Liability Law - Co-author
  • The International Comparative Legal Guide to Product Liability - Co-author
  • International Association of Defence Counsel - Member
  • New Zealand Law Practitioners Disciplinary Tribunal - Former chairman
  • Auckland Law Practitioners Disciplinary Tribunal - Former chairman
  • Auckland District Law Society - Former council member
  • Chartered Institute of Arbitrators (United Kingdom) - Associate