Ben Foster

Senior Associate


Ben is a civil litigator who commenced practice in 2014. He spent three years working in-house for one of New Zealand’s largest polytechnics, before making the move to private practice as a civil litigator in two boutique litigation firms in Auckland. Ben joined McElroys in 2024.

He has broad experience across a range of litigation with an emphasis on building defects, particularly in the context of large multi-unit developments, as well as material damage, professional indemnity, general liability, and subrogated recovery claims. He has appeared as sole or principal counsel in both the District and High Court, and has had extensive experience in alternative dispute resolution, encompassing judicial settlement conferences, mediations and arbitrations.

Ben obtained his LLM in Corporate and Commercial Law from the University of Auckland, where he specialised in conflicts of laws issues with a particular focus on cross-border disputes with an insurance element.

When not at work, Ben is kept busy by his three young children, and when time allows, relaxes by gaming and tending to a growing collection of aquariums.