Barristers

Andru Isac

Andru specialises in commercial litigation and criminal law. He began practice at Chapman Tripp before moving to work as a Crown prosecutor (1995-1999). After completing a Bachelor of Civil Law at the University of Oxford, and working in London, Andru returned to the University of Canterbury where between 2001-2004 he was a lecturer in law. Between 2005 and 2013 he was a partner of two firms - Fitzherbert Rowe in Palmerston North and Gibson Sheat in Wellington - before moving to the independent bar.

Andru has experience in a wide range of complex commercial cases, including judicial review, company litigation, property and estate litigation. He has represented clients before most courts and tribunals (including the Supreme Court, Court of Appeal and High Court, Courts Martial Appeal Court of New Zealand, the Land Valuation Tribunal, and the Health Practitioners Disciplinary Tribunal). He has acted for individuals, SMEs, publicly listed companies, as well as banks and insurers.

Andru has written scholarly papers and texts in a number of fields. Most recently he was a contributing author to the third edition of Tyree’s Banking Law in New Zealand (published in 2014).

Andru holds appointments as a senior Crown prosecutor, and was a member of the Manawatu Crown Solicitor’s panel from 2004. In 2009 he was appointed as senior defence counsel to the New Zealand Defence Force Courts-Martial panel.

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Qualifications and Career

  • Bachelor of Laws with First Class Honours, University of Canterbury 1994
  • Bachelor of Arts (majoring in drama), University of Canterbury 1994
  • Bachelor of Civil Law, University of Oxford 2000 (Oxford’s equivalent to a Masters of Law degree)

Recent and Notable Cases

Commercial and public law litigation

  • Successfully acting for an iwi in judicial review proceedings against an SOE and the Crown.
  • Successfully acting for a multi-national healthcare provider in proceedings concerning allegations of wrongful death and ill-treatment of a patient.
  • Acting for owners of a $45m commercial property in Auckland in the highly successful defence of a claim by a joint venturer to a half share of the property
  • Acting for Auckland developers in relation to leaky building claims in excess of $23m
  • Acting for insurers in defence of claims, and in recovery proceedings

Criminal litigation

  • Providing consulting services and advice to commercial solicitors and their corporate clients in relation to criminal aspects of investigations by agencies such as the SFO and Police
  • Appearing for the accused in numerous prosecutions before juries – charges including sexual violation, causing grievous bodily harm, attempted murder, forgery, fraud, class A drug manufacture and supply.
  • Successfully acting for defendants in cases involving historical allegations where both stays of prosecution and name suppression have been granted
  • Appearing as Crown counsel in trials involving charges of conspiracy, fraud, homicide, sexual offences and serious violence
  • Acting for departmental prosecutors (IRD, Ministry of Social Development, and others)
  • An established record of successful conviction appeals on behalf of defendants

Publications

Books and Chapters in Books

Tyree’s New Zealand Banking Law, 2nd and 3rd editions (Butterworths 2003; LexisNexis 2014), Chapter 4 “Nature of the Banker Customer Relationship” (pp 74-92); Chapter 5 “Duties of the Banker” (pp 119-143); Chapter 5 “The Current Account” (145-182). Currently updating author for the third edition (due July 2013).

“Directors’ Torts”, with Professor Stephen Todd in Commercial Law Essays: A New Zealand Collection, Hawes & Rowe (eds), Centre for Commercial and Corporate Law, University of Canterbury 2003, pp 39-62.  Cited with approval by Chambers J in the Court of Appeal decision: Body Corporate 202254 v Taylor [2008] NZCA 317.

“Genetic Testing and Insurance: the market and the role of the welfare state” in Insurance Law: Practice, Policy, & Principles Webb & Rowe (eds), Centre for Commercial and Corporate Law, University of Canterbury 2003, pp 1-16.

Butterworths Student Companion: Land Law (Butterworths, 4th edition 2008) 253pp. (3rd edition 2001) 202 pp. (2nd edition 1998 189 pp; 1st edition 1996 178 pp.).

 

Articles

Latent defects in human capital: regulating genetic testing and the insurance market (2003) 9 NZBLQ 318-331.

Recent Developments in Insider Trading [2003] Company and Securities Law Bulletin pp 39-42.

Further Progress on Insolvency Law Reform in New Zealand? Business Rehabilitation (2003) 11 Insolvency Law Journal pp 47-53.

General Discovery, October [2002] NZLJ.

Book review: Brookers’Company and Securities Law Commentary and Materials, by Ross Grantham and Charles Rickett, July [2002] NZLJ.

Re James Davern Ltd, Company and Securities Law Bulletin, April 1996, pp. 44-46.

Te Ringa Manu Ltd v Toyota Finance NZ Ltd, Company and Securities Law Bulletin, July 1996, p. 89.