Paul Michalik
Paul MichalikBarrister
  • Civil and Commercial Litigation

  • Insurance Litigation and Advice

  • Commercial Arbitration

  • Mediation

  • Public and Administration Law

  • Property Disputes

  • Company Disputes

  • Estate, Trust and Will Disputes

  • Corporate and Individual Insolvency

PAUL MICHALIK

Paul Michalik practices in civil litigation, commercial, property, and insurance. Paul provides advice to Government agencies and insurance disputes resolution bodies on complex insurance matters. Paul Michalik has acted in disputes for prominent developers and commercial property owners in the Wellington and Christchurch regions, for local and international insurers, and for individual insurance claimants. He has litigated major cases in commercial contract enforcement, liability insurance, health insurance, and leasing and property disputes. Many of these disputes have proceeded through arbitration, and many also settle at mediation. Paul enjoys providing strategic input on complex commercial issues and is experienced in all of the civil courts of general jurisdiction. Paul accepts instructions as Arbitrator.

Paul Michalik is convenor of the NZLS Wellington Branch Courts, Tribunals and Alternative Disputes Resolution Committee and occasionally serves as a Costs Assessor. He teaches Insurance Law at Victoria University. He was a longstanding member of the National Committee of the New Zealand Insurance Law Association. With one co-author, he wrote Insurance Claims in New Zealand (Michalik and Boys, LexisNexis, Wellington, 2015). He is an author of Cross on Evidence New Zealand Edition, writing the sections on Privilege, Confidentiality and Estoppel for this multi-author work, for both online and hard copy editions.

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Books

Forthcoming – “Insurance as an International Contract” to be chapter 6 of Butler ed, International Commercial Contracts (OUP, 2020 – date to be confirmed)

Cross on Evidence New Zealand Edition (10th ed, Downs J, Ed, Paul Michalik, Simon Mount and Bernard Robertson authors, LexisNexis NZ Limited, 2017) – Privilege, Confidentiality and Estoppel chapters, with ongoing responsibility for online edition

Insurance Claims in New Zealand (LexisNexis NZ Limited, Wellington, 2015, with Chris Boys)

Cross on Evidence New Zealand Edition (9th ed, Matheson QC Ed, Grant Burston, Paul Michalik and Bernard Robertson authors, LexisNexis NZ Limited, 2012) – Privilege and Confidentiality chapters, with ongoing responsibility for online edition

“Formation of the Contract – Insurance Law or Contract Law?”Webb & Rowe Eds Insurance Law – Practice, Policy and Principles, 2004

“Justice in Crisis: England and Wales” – Ch. 4 in Zuckerman Ed Civil Justice in Crisis – Comparative Perspectives of Civil Procedure, 1999

Interest On Money Claims (NZLS CLE Limited, Webinar paper, February 2018) and presentation 

Recent Developments in Insurance LawAddress to Conference of the New Zealand Insurance Law Association, Wellington, 2014

Indemnity and ADR Clauses in Commercial Contracts Paper Presented to the Legalwise “Ten points in One Day” continuing professional development seminar, Wellington, May 2014  

Insurance Law – A Practical Guide (NZLS CLE Limited, Seminar paper, May 2012) and presentations together with Lindsay Lloyd

Recent Developments in Insurance LawAddress to Conference of the New Zealand Insurance Law Association, Wellington, 2011

Case Law Developments in Landlord and Tenant LawPaper Presented to the 14th Annual Commercial Leasing and Property Management Conference, Auckland, July 2010

Recent Developments in Insurance LawAddress to Conference of the New Zealand Insurance Law Association, Wellington, 2005

Professional Negligence and Professional Indemnity, “If you can’t be good, be insured”Continuing Professional Education Seminar to New Zealand Institute of Chartered Accountants, 2004

Recent Developments in Insurance Law Address to Conference of the New Zealand Insurance Law Association, Wellington, 2002

National Reporter for England and Wales – XIth World Congress on Procedural Law (Reducing Cost and Delay in Civil Proceedings), Vienna, August 1999

“Xu in the Supreme Court – A Missed Opportunity” The Property Lawyer, August 2019)

Co-author of Wellington District Law Society Alternative Disputes Resolution Committee’s “Guidelines for the drafting of Alternative Disputes Resolution clauses for Legislation”Adopted as chapter 17 of the Legislation Advisory Committee’s Guidelines for the Drafting of Legislation 2006

Zuckerman Civil ProcedureReview for the New Zealand Law Journal, April 2004

“Doctors’ Fiduciary Duties” – 6 Journal of Law and Medicine 168, 1998

“The availability of Compensatory and Exemplary Damages in Equity – A note on the Aquaculture decision” – 21 VUWLR 391, 1991

Recent and Notable Cases

  • PVGS Trustee Limited v 100 Investments Limited (High Court, Auckland, 2019)

  • 100 Investments Limited v IAG New Zealand Limited (High Court, Christchurch, 2018)

  • Courteney v Pratley (High Court, Wellington, 2017)

  • Challenge Marine Limited v Fiordland Discovery Limited (Arbitration, Auckland, 2016)

  • Re Zenith Kitchens and Joinery Ltd (in liquidation); Levin and Madsen-Ries v BCS Holding Account Ltd (High Court, Auckland, 2015)

  • Odeon Property Holdings Limited v IAG New Zealand Limited (High Court, Christchurch, 2015)

  • Smith and Others v QBE (High Court, Christchurch, 2014)

  • Allied Tours and Transfers Ltd v Coleman (High Court, Wellington, 2013)

  • Poplawski v Pryde (High Court, Invercargill, 2012, and Court of Appeal, 2013 – CoA decision reported at (2013) 14 NZCPR 528)

  • Property Link (Holdings) Limited v The Learning Connection Limited (Arbitration, Wellington, 2011)

  • Scott v Sovereign Assurance Company Limited (High Court and Court of Appeal, and Supreme Court 2010 and 2011)

  • Tournament Parking Limited v The Wellington Company Limited (District Court and High Court, 2009 and 2010)

  • Toga No 1 Limited and Eureka Fund Core 3B Limited v Copthorne Millennium Hotels Limited (Arbitration, Auckland, 2009)

  • Fifty-Seven Willis Street Limited v Mortgage Holdings Limited (High Court, Wellington, 2005)

  • The New Zealand Guardian Trust Co Ltd v The General Church Fund Of The Wellington Diocese Of The Church Of England In New Zealand (High Court Wellington,2005)

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Contact Paul Michalik

Debra Angus
Andrew Beck
Ian Carter
Pam Davidson
Toby Gee
Felix Geiringer
John Goddard
Barbara Hunt
Tanya Kennedy
James Mahuta-Coyle
Paul Michalik
David Milliken
John Morrison
Kim Murray
Gaeline Phipps
Terry Sissons
All Members