Andrea Challis

Partner | LLB, BA


+64 21 515557

Andrea has been a partner at McElroys since 2000. She commenced practice in 1992 and has subsequently acted in some of New Zealand’s most high profile, complex and largest civil litigation.

She is focused on ensuring that a claim, and any ensuing litigation, is conducted efficiently and effectively – whether that be as a result of a negotiated settlement at mediation or otherwise, or if a judicial/arbitral determination is ultimately necessary. Andrea welcomes the opportunity to involve both insurers and their customers in the strategy adopted to achieve resolution of a dispute, achieving considerable satisfaction in achieving the best possible outcome for both.

Andrea regularly provides advice to leading insurers on indemnity and other issues once coverage is confirmed. She has particular experience in acting for professionals facing claims for breach of duties (contractual, fiduciary and at common law) as well as considerable experience and knowledge in all other aspects of civil and insurance related litigation. Another aspect of her practice is to regularly associate in claims for insurers where an insured has exercised the right to instruct their own solicitors on a claim.

Principal areas of practice:


  • Directors & Officers liability
  • Professional indemnity/liability
  • Public/general liability
  • Statutory liability

Skills:


  • Delivers legal services focused on her clients’ needs and requirements
  • High quality advice on risk, strategy and resolution of claims
  • Leading directors & officers liability and professional negligence practitioner
  • Highly experienced and recognised trial lawyer and advocate in Courts at all levels from the District to the Supreme Court
  • Skilled in mediation and alternative dispute resolution

Recent trial involvement/outcomes:


  • Investors’ representative action. Successful defence of a $185 million claim when acting for a joint lead manager/organising participant in an IPO who faced claims under the Securities Act, Fair Trading Act and in negligence. The proceeding, which was filed in 2008, was a representative action brought on behalf of approximately 3,700 investors. The claim was funded by a United Kingdom litigation funder. The defendants were successful following a 14 week trial in 2014.
  • Receiver/Director. Defeating a claim against a receiver alleged to be a shadow/deemed director and to have breached duties under the Companies Act.
  • Solicitors. Decisions at all levels variously striking out a bank’s claim against a solicitor for breach of undertaking to promptly register a mortgage, obtaining contribution on behalf of a solicitor from the plaintiffs’ former solicitor in relation to negligent advice about an investment scheme, defeating a claim by a solicitor seeking contribution where an alleged undertaking was found not to exist.
  • Barrister. Court of Appeal and High Court decisions dismissing proceedings against a barrister for lost litigation rights.
  • Indemnity. Acting for an insurer to successfully defend its position on the application and interpretation of a prospectus liability endorsement under a $20m D&O policy.