Clear thinking.
Crafted outcomes.
Tom is a strategic advocate who helps clients navigate and resolve complex commercial disputes.
Noted for his practical approach, Tom delivers clear and crafted commercial solutions to complex disputes. He is an experienced advocate who has appeared at all levels of the New Zealand court system and before specialist tribunals, including IPONZ and WIPO.
Tom is recommended by Chambers & Partners and the Legal 500 and has been recognised by Managing IP.
Before joining Mills Lane, Tom was a Senior Associate at Chapman Tripp and Chapman Tripp Patents. He previously practised as a junior barrister at Shortland Chambers and served as a Judges’ Clerk.
Expertise
Tom represents clients across the spectrum of commercial disputes, from contractual and negligence claims through to shareholder actions and consumer protection claims. He formerly co-authored the Shareholder Distributions commentary in Morison’s Company and Securities Law (LexisNexis).
Examples of his work include:
- Rascals International v JJK Group: advancing a claim against former directors and a competitor for diverting a corporate opportunity, together with breaches of directors’ and fiduciary duties, conspiracy and dishonest assistance, among other claims.
- BNZ v Wellington City Council: seeking to strike out a significant contribution claim brought against Beca based on the Building Act 2004’s longstop.
- Re Darlow: acting for the trustees in obtaining the Court’s approval of variations to, and the reorganisation of, the Hugh Green Trusts.
As a litigator, registered patent attorney and registered trademarks attorney, Tom is uniquely placed to help innovators protect and enforce their most valuable assets – their intellectual property rights. He has extensive experience in patent, copyright and trade mark disputes and has also acted in disputes concerning other forms of intellectual property, including domain name disputes. He co-authors the sections on patent and copyright infringement in Intellectual Property Law (LexisNexis).
Examples of his work include
- Zuru New Zealand v Lego Holdings: successfully defending Lego’s claim for trade mark infringement, passing off and breach of the Fair Trading Act arising out of Zuru’s use of the statement “LEGO® Bricks Compatible” on its products.
- Resmed v Fisher & Paykel Healthcare: representing Fisher & Paykel Healthcare in numerous patent oppositions relating to respiratory therapy technologies.
- Travelxplorer v Apple: acting for an inventor in patent litigation concerning mobile payment technology.
- Inguran v CRV: obtaining an interim injunction to prevent patent infringement by a competitor covering sex-selection flow cytometry technologies.
Tom has extensive experience in media and defamation law. He has acted for high-profile individuals, organisations and the media, giving him a unique perspective. His work extends beyond the courtroom into pre-publication vetting and crisis reputation management, where early strategic advice is critical.
Examples of his work include:
- Dew v Discovery NZ: defending Warner Bros Discovery against an interim injunction by Cardinal Dew and others seeking to stop reporting of serious allegations.
- Being AI v Clare Capital: suing an investment bank for defamation and obtaining a six-figure settlement for an NZX-listed company and its directors.
- Ross v Mediaworks Holdings: successfully resisting an interim order sought by Jami-Lee Ross MP to block Newshub’s "Powerbrokers Debate".
- Craig v Williams: overturning a $1.27m jury verdict and advancing qualified privilege and when that privilege can be lost.
Tom helps organisations navigate their obligations under the Privacy Act, including in data breach situations where speed is essential. He has also acted for individuals and the media in invasion of privacy claims, including in securing or defending against interim injunctions.
Examples of his work include:
- Driver v Radio New Zealand: defending an invasion of privacy claim arising out of reporting by various media agencies about the overseas arrest and detention of a New Zealander
- Advisory work: advising the world's largest non-formal education institution on privacy matters, including in Human Rights Review Tribunal proceedings.
- Dew v Discovery NZ: defeating an interim injunction application based on a claim for invasion of privacy in the context of an investigation.
- Sun v Stuff: obtaining a temporary interim injunction to prevent reporting arising out of a Police investigation into a high-profile murder.
Qualifications
LLM, University of Melbourne
MBHL (Distinction), University of Otago
LLB (Honours), BSc (Biochemistry), University of Otago
Registered Trans-Tasman Patent Attorney
Registered Australian Trade Marks Attorney
Professional Associations
Fellow of the New Zealand Intellectual Property Attorneys
Member of the Intellectual Property Society of Australia and New Zealand
Member of the International Association for the Protection of Intellectual Property
Member of the Communications and Media Law Association