BARRISTER
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BARRISTER

Taryn Gudmanz:
Civil and commercial litigation, from straightforward to complex.

 

Covid-19 or Novel Coronavirus is creating legal disputes for businesses.  I can help you with contract disputes, lease or landlord/tenant disputes, shareholder disputes, insurance disputes, debt collection and other commercial issues.

As an experienced senior barrister, Taryn gives strategic and commercial advice on commercial litigation and dispute resolution to obtain the best result for you and your ongoing objectives. Taryn is also an accredited mediator, assisting parties to choose their own solutions to disputes. Taryn is based in Dunedin. 

 

Contact

➤ LOCATION

Princes Chambers 
Level 3, 155 Princes Street, Dunedin 9016

☎ CONTACT

taryn@princeschambers.net
021 590 553

 

About:


Legal Background

Taryn’s commercial background enhances her strategic legal advice. She graduated from the University of Canterbury in 2002 with an LL.B with first class honours and a B.Com.  At university, she received a Legal Systems prize and was awarded the Institute of Chartered Accountants of New Zealand Prize in Accountancy. She was a finalist in the Rising Star - Litigation category in the 2014 Euromoney Legal Media Group Australasia Women in Business Awards. Taryn has been practising in commercial litigation since 2002, and has been a barrister since 2016.

Civil Litigation

Taryn began her career in the Bell Gully litigation team in Wellington (2002-2005). She gained experience in a wide range of complex commercial matters, covering a range of industries, including pharmaceuticals, insurance, electricity, media and venture capital. This period included a secondment to the Pharmaceutical Management Agency (PHARMAC) as legal counsel.

In 2005, Taryn moved to London where she joined the professional liability and commercial litigation team at Barlow Lyde & Gilbert (now Clyde & Co), and was admitted as a solicitor in 2006. Taryn acted for insurers in the London market advising on coverage issues and on negligence claims against solicitors, accountants, company directors and trustees. The value of claims was as high as US$100 million and DM98 million. One of the matters was heard in the Privy Council on appeal from Jersey.

Dunedin civil Litigation

In 2007, Taryn returned to New Zealand and moved to Dunedin where she joined the litigation team at Gallaway Cook Allan. She moved to Anderson Lloyd’s litigation team in 2012. She went to the independent bar as a barrister in 2016.


Publications

Reported Cases

· Ochi v Trustees Executors Ltd [2010] BCL 148
(Strike out; jurisdiction)

· Motor Trade Finances Ltd v Bentinck St. Ltd [2010] BCL 527
(Credit contracts; fraud; non est factum; Contractual Mistakes Act 1977; gross negligence)

· Blakeman v Rapley (2008) 10 NZCPR 842
(Application that caveat not lapse; Overseas Investment Act 2005 consent; Contractual Remedies Act 1979, s 9) 

Books

· Trends in Legal Advocacy: Interviews with Prosecutors and Criminal Defense Lawyers Across the Globe (Vol 1), Goodman-Delahunty and Das (ed), CRC Press (2016) – chapter on Judith Ablett-Kerr ONZM QC

Articles

·  Why secret true gossip is still a secret – the JK Rowling Factor, National Business Review, 5 October 2013

·  Recovering Litigation Legal Fees in Solicitors’ Negligence Cases, NZ Lawyer, 13 June 2013

·  Court Decision Sets New Privacy Boundaries,Otago Daily Times, 12 November 2012


AREAS OF PRACTICE

Different dispute resolution solutions fit different situations, and Taryn works with clients to find the right solution for the context of the dispute. Parties who will have a continuing association may require a precedent-setting judgment to define relationship parameters, or a negotiated solution to assist future joint endeavours. An isolated dispute might need a quick, practical solution.

Taryn accepts instructions in and has experience over a wide range of civil and commercial litigation matters, including: 

·  Claims in equity, including:
• Trusts

·  Consumer credit contracts, including:
• Fair Trading Act breaches
• Credit contract breaches

·  Contractual disputes, including:
• Construction
  • Debt recovery
  • Landlord & tenant
  • Property

·  Insolvency and liquidations

·  Insurance work

·  Privacy and official information

·  Shareholder disputes

·  Tort claims, including:
  • Negligence
• Deceit
• Conversion
  • Breach of confidence
  • Intentional interference with business relations
  • Defamation

·  Testamentary Promises and Family Protection claims

·  Urgent injunctive relief 
  (including freezing orders and search orders)

Inquisitorial Work

Taryn has been appointed to act as counsel to assist the coroner on inquests (amicus curiae). She has also been appointed to the legal assistance panel for the Royal Commission of Inquiry into Abuse.



LEGAL Experience

Litigation: Contract & Tort

As a civil litigation barrister, Taryn has acted on a variety of breach of contract cases and tort claims. Tort claims have included conflict of interest, breach of fiduciary duty, fraud and misuse of confidential information. Other types of disputes include construction industry disputes, shareholder disputes and breach of contractual terms. 

Commercial Litigation

She undertakes other commercial work including credit contract breaches, Fair Trading Act breaches, breaches of lease, insolvency and rates recovery work. Taryn has also advised in relation to trusts (including work on constructive trusts) and Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949 claims. She also has experience in regulatory work, having undertaken litigation and regulatory review for Public Private Partnership (PPP) consortiums. She also has particular experience acting for cooperatives and taking into account the special considerations that apply.

Particular areas of experience include:

· acting for three co-operatives, advising on the unique considerations that arise in that environment;

· debt recovery work where there was a $4.9 million fraud, ultimately culminating in successful prosecutions by the Serious Fraud Office;

· urgent interlocutory applications including freezing orders and search (Anton Piller) orders;

· order for contempt of court for breach of court orders; and

· constructive and resulting trust claims, including tracing.

Taryn’s practice encompasses alternative dispute resolution, including mediations (two-party and multi-party) and arbitrations.

Dunedin Community Involvement

Taryn is vice president of the Otago Branch of the New Zealand Law Society, and a former convenor of the Otago Women Lawyers Society.  She is a member of the New Zealand Bar Association and the Otago Women Lawyers Society. She is also the deputy chair of the King’s High School Board of Trustees, and sits on its disciplinary committee. She is a trustee of the Otago Law Practitioners’ Benevolent Fund and the King’s High School Charitable Trust.


MEDIATION

Taryn also offers services as a mediator.  In 2019, Taryn was accredited as a mediator with the Resolution Institute (formerly LEADR).  The accreditation followed a formal assessment process.

Mediation is an important tool available to participants to enable them to resolve their disputes.  Importantly, it allows participants more control over the dispute resolution and can open up solutions that are not available through the courts.

Taryn does not give legal advice during mediations, but rather assists the participants to explore solutions that may work for them all.  What the solutions are and whether they are agreed is up to the participants.  Taryn will work hard to assist the parties to explore their problem, test their assumptions and investigate solutions.

Mediation is a flexible process, guided by the parties, but will likely include a combination of private and joint sessions.  The mediation may take place over a half day or a full day, and Taryn’s fee includes preparation time.  Travel costs will be estimated in advance.

Please contact Taryn to discuss fees, availability or any questions you may have about mediation.