Kelly graduated from the University of Auckland in 1994 with a BA and LLB.
She began her career at Kensington Swan, handling a range of insurance related claims. She was also involved in general commercial litigation and debt recovery.
She joined the predecessor to the firm in 2006, was appointed an associate of the old firm in 2007 and a partner of the current firm in 2014.
Kelly specialises in building defect claims. She manages multi-party claims dealing with claims in contract, negligence and breaches of the Fair Trading Act. The claims have ranged from single dwelling claims of various values to multi unit claims up to a value of $35 million.
One of Kelly’s main strengths is her ability to critically analyse complex factual and legal issues and disputes and to be able to quickly resolve it to her clients’ best advantage, taking into account their financial position and other considerations, such as commercial relationships.
Kelly is a strong advocate for any client, either within an ADR forum or a court. Kelly is an active supporter of alternative dispute resolution. She is regularly engaged in judicial settlement conferences, mediations and in negotiation on behalf of her clients on an almost daily basis. However, when a claim is unable to be settled Kelly is an experienced litigator, having run claims in the district court and high court and she has appeared in the court of appeal.
Outside of work, Kelly is mother of three young and active children and contributes to the community on a pro bono basis, including serving on the Board of Trustees of St Mary’s (Primary) School.
Manchester Securities Limited v Auckland Council (WHT)
We successfully argued in the Tribunal that the claimant’s assignment was invalid, its own claim should be reduced by 50% for contributory negligence and the quantum of the claim should be reduced. The net result was the claim was reduced by nearly 60%.view summary
Negligence is a nuisance!
Contractors have always needed to be aware and take steps to avoid the risks of causing harm to land and property belonging to others.
Body Corporate 160361 v BC 2004 Limited (Fleetwood Apartments) (No 2) (HC)
We succeeded in securing judgment against the builder on the council's cross claim.view summary
Johnson v North Shore City Council (CA)
The council preserved a deduction for the claimants’ contributory negligence on appeal to the Court of Appeal.view summary
Lee Findlay Family Trust v Auckland Council (HC)
The council succeeded on appeal with a finding that the builder was negligent and 100% responsible for the window and fascia damage and the claimants had contributed to their own loss by 40%.view summary