Ruth Fesseha
Lawyer
Olivia Boyle
Consultant
Angus Verheul
Law Graduate
Taufiq Arahman
Lawyer
Ed Macgregor
Senior Associate
Samridhi Sinha
Lawyer
Peter Mutema
Consultant
Joanna Wang
Lawyer

Phil Creagh

Partner

Phil’s practice areas are wide-ranging and include dispute resolution and civil litigation, M&A, corporate and commercial advice, borrower-side financing, balance sheet and debt restructuring strategies and workouts, and specialist commercial property work. Phil has a particular interest as an adviser in the strategic aspects of the law, providing focus and leadership in business acquisitions and structuring and commercial, regulatory and contract-related disputes. Phil heads the Hamilton Locke Private team in New Zealand.

Phil served on the managing board of a leading Australasian law firm for six years before becoming a Founding Partner of New Zealand firm, Anderson Creagh Lai, which joined Hamilton Locke in January 2023 with the establishment of Hamilton Locke New Zealand. Phil is chairman of partners of Hamilton Locke New Zealand, is a director of a listed CSE mining resources company with operations in Australia and serves on the advisory board of leading Cook Islands wealth solutions and asset protection-oriented trustee company.

AREAS OF EXPERTISE

Dispute Resolution and Civil Litigation; Corporate and Commercial Advice; Mining and Resources and Restructuring and Insolvency

AWARDS
  • Excellence Awardee for the New Zealand Law Awards 2022 in category: Insolvency and Restructuring deal of the Year
  • Highly Recommended Real Estate and Construction practitioner in New Zealand, 2003/04 edition of Global Counsel 3000
QUALIFICATIONS
  • BSc University of Auckland 1977.
  • LLB University of Auckland 1981
  • Admitted to practice in New Zealand 1981.
SELECTED REPRESENTATIONS
  • A dairy industry balance sheet restructuring involving a debt compromise arrangement.
  • Hudson Bay Holdings Limited v Waitakere Properties (High Court). A successful action compelling performance of a put option to purchase property.
  • The Clayton v Clayton series of cases culminating with Clayton v Clayton [2016] NZSC 29, a leading NZ trust law case in the Court of Appeal and Supreme Court.
  • Sturgess and Ors. v Dunphy and Ors [2014] NZCA 266 and Jet Trustees v Dunphy and Ors. [2014] NZSC 140. This is the series of Greymouth Petroleum cases up to the Court of Appeal and is a leading appellate level minority shareholder oppression case.
  • Zespri international Limited v Yu, an Employment Court case with significant ramifications for a former Zespri employee who was imprisoned in China.
  • A series of Kim Dotcom extradition and related cases. Phil was instructing solicitor and closely involved on numerous Dotcom litigation matters, including the final Supreme Court extradition hearing.
  • Gulf Harbour Marina Limited & Ors. v Auckland Council & Minister of Conservation CIV-2010-404-003283. This was the marina seabed licence fees case where Phil acted for a group of marinas in successfully challenging Council’s entitlement to charge seabed licence fees.
  • Kawerau Village Holdings Limited and Anr v Ho Kok Sun and Ors. [2017] NZSC 150. This was the long running Kawerau Falls Station case which Phil initiated and successfully ran through to the Supreme Court for a large group of offshore investors.
  • Trends Publishing International Limited v Advicewise People Limited & Ors [2018] NZSC 62. A Supreme Court appeal against the striking down of a creditor compromise arrangement, and which has clarified an important aspect of creditor law relating to the recognition of classes of creditors.
  • Trends Publishing International Limited v Callaghan Innovation [2019] NZHC 907, a High Court action centring on the terms of Callaghan’s funding grant to Trends, and Trends’ compliance or otherwise with those terms.