Bronwyn McKinlay

BCom / LLB, Specialist Certificate in Global Competition Law (Hons)

Bronwyn McKinlay

BCom / LLB, Specialist Certificate in Global Competition Law (Hons)

Bio

Bronwyn has more than 30 years’ experience in commercial litigation, regulatory investigations and complex civil disputes. She is often instructed in matters requiring strategic judgment, detailed factual analysis, and the effective management of substantial financial or technical issues.

Bronwyn acts in a wide range of commercial disputes, with particular experience in competition and regulatory matters, insolvency and shareholder disputes, trusts and fiduciary claims, insurance and professional liability matters, and urgent interlocutory relief. She has appeared in the District Court, High Court and Court of Appeal, and in arbitrations and mediations.

Bronwyn has acted in large-scale commercial disputes involving complex technical and financial issues, including Commerce Commission investigations and cartel matters, major insolvency and directors’ duties litigation, and large and document-intensive commercial proceedings.

Before joining the independent bar in 2019, Bronwyn practised as a litigation lawyer in both New Zealand and Australia, including at large national firms. She was admitted in New Zealand in 1995 and in Victoria, Australia in 2001.

Bronwyn has a longstanding interest in the intersection of law, technology and litigation process. She has particular experience in electronic document management and modern litigation workflows, including involvement in the development of the Senior Courts Electronic Documents Protocol. She uses technology and AI-assisted tools pragmatically to support efficient analysis and management of complex matters, while recognising that sound legal judgment remains central to effective advocacy and advice.

Bronwyn brings an analytical, pragmatic and straightforward approach to complex disputes. She is valued for her ability to identify strategic issues, navigate difficult factual and technical material, and develop practical strategies to advance her clients' objectives.

Practice Areas

Commercial litigation and civil disputes

Competition law (Commerce Act) and regulatory investigations

Insolvency, shareholder and governance disputes

Contractual disputes

Construction disputes

Judicial review

Property and trust claims

Professional standards

Urgent relief, including injunctions, search orders and freezing orders

Mediation and negotiated dispute resolution

Contact Details

To contact Bronwyn please use the details below.

Memberships and Publications

Competition Law and Policy Institute of New Zealand

Society of Construction Law

New Zealand Bar Association

New Zealand Law Society

Co-author and presenter of the New Zealand Law Society's “Electronic Casebooks – Higher Courts” seminars in 2016 with the Hon Dame Ellen France, Hon Justice Forrest Miller and Hon David Goddard KC, and Bruce Scott

Co-author and presenter of the New Zealand Law Society's “Building Electronic Casebooks” webinar with the Hon Justice Forrest Miller

Co-author and presenter of the New Zealand Law Society's “Civil Electronic Casebooks – Senior Courts” seminars in 2019 with the Hon Justice Forrest Miller, Hon Justice Pheroze Jagose and Hon Justice Laura O’Gorman

Notable Experience

Below is a short selection of recent and notable cases. For more detailed information about my experience in a specific area please contact me.

Competition and regulatory

Confidential - potential cartel conduct - successful obtaining of marker from Commerce Commission and subsequent leniency from civil proceedings.

Counsel for RFP submitter to ACC in relation to beach of the Government Procurement Rules.

Confidential - potential cartel conduct – response to s98 Commerce Act 1986 notices and defence of subsequent issue of proceedings by Commerce Commission for breach of ss27 and 30 of the Act, negotiated settlement and associated penalty hearing.

Confidential - advice on obligations of consultation under the Airport Authorities Act 1966.

Advice to various law firms - obligations and potential breaches of Lawyers and Conveyancers Act 2006 and Financial Service Providers (Registration and Dispute Resolution) Act 2008.

Confidential - potential investigation by Ministry of Primary Industries - breach of Animal Products Act 1999.

Commercial and civil litigation

Confidential - family trust disputes including: allegations of undue influence; lack of capacity; revocation of power of attorney; variation of trust deed; removal and replacement of trustees; and application to repair trust property.

QBE Insurance (International) Ltd v Pegasus Group Ltd - claim in the High Court, and appeal to Court of Appeal, against bailee and insurer for losses caused by stock being stolen by employees of the bailee.

Carter Holt Harvey Ltd v Genesis Power Ltd & Ors - multi-million-dollar dispute between Carter Holt, Genesis Energy and Rolls-Royce NZ revolving around alleged breaches of turnkey construction contract.

Counsel for an international development company involved in a major development in Malaysia - managing litigation in New Zealand and Malaysia.

The Edge Buying Group (Queenstown 2000) Ltd v Coca - Cola Amatil (NZ) Ltd - Co-counsel for Coca-Cola Amatil in claim for interim injunction, specific performance and damages – High Court trial and subsequent appeal.

Insolvency, shareholder and governance disputes

East Wind Company Limited (in Liquidation), East Wind Company Limited (in Liquidation) v Sky Forrest Limited, and subsequent appeal - Counsel for the Liquidators of the Best Invest Group of companies in; proceedings against the Estate of the deceased directors for breach of directors’ duties, unjust enrichment and overdrawn shareholder’s current account; application under Part 6 of the Insolvency Act 2006; and proceeding against another corporate and an individual for unjust enrichment, breach of fiduciary duty and repayment of a loan.

Confidential – defence of minority shareholder claim – negotiated settlement.

Fortex Group Ltd (in receivership and liquidation) v Price Waterhouse and The Trustees Executors and Agency Company of New Zealand v Price Waterhouse – junior counsel for PriceWaterhouseCoopers in two multi-million dollar civil proceedings that followed the collapse of Fortex Group Ltd.

Bronwyn McKinlay

BCom / LLB, Specialist Certificate in Global Competition Law (Hons)

Bio

Bronwyn has more than 30 years’ experience in commercial litigation, regulatory investigations and complex civil disputes. She is often instructed in matters requiring strategic judgment, detailed factual analysis, and the effective management of substantial financial or technical issues.

Bronwyn acts in a wide range of commercial disputes, with particular experience in competition and regulatory matters, insolvency and shareholder disputes, trusts and fiduciary claims, insurance and professional liability matters, and urgent interlocutory relief. She has appeared in the District Court, High Court and Court of Appeal, and in arbitrations and mediations.

Bronwyn has acted in large-scale commercial disputes involving complex technical and financial issues, including Commerce Commission investigations and cartel matters, major insolvency and directors’ duties litigation, and large and document-intensive commercial proceedings.

Before joining the independent bar in 2019, Bronwyn practised as a litigation lawyer in both New Zealand and Australia, including at large national firms. She was admitted in New Zealand in 1995 and in Victoria, Australia in 2001.

Bronwyn has a longstanding interest in the intersection of law, technology and litigation process. She has particular experience in electronic document management and modern litigation workflows, including involvement in the development of the Senior Courts Electronic Documents Protocol. She uses technology and AI-assisted tools pragmatically to support efficient analysis and management of complex matters, while recognising that sound legal judgment remains central to effective advocacy and advice.

Bronwyn brings an analytical, pragmatic and straightforward approach to complex disputes. She is valued for her ability to identify strategic issues, navigate difficult factual and technical material, and develop practical strategies to advance her clients' objectives.

Practice Areas

Commercial litigation and civil disputes

Competition law (Commerce Act) and regulatory investigations

Insolvency, shareholder and governance disputes

Contractual disputes

Construction disputes

Judicial review

Property and trust claims

Professional standards

Urgent relief, including injunctions, search orders and freezing orders

Mediation and negotiated dispute resolution

Contact Details

To contact Bronwyn please use the details below.

Memberships and Publications

Competition Law and Policy Institute of New Zealand

Society of Construction Law

New Zealand Bar Association

New Zealand Law Society

Co-author and presenter of the New Zealand Law Society's “Electronic Casebooks – Higher Courts” seminars in 2016 with the Hon Dame Ellen France, Hon Justice Forrest Miller and Hon David Goddard KC, and Bruce Scott

Co-author and presenter of the New Zealand Law Society's “Building Electronic Casebooks” webinar with the Hon Justice Forrest Miller

Co-author and presenter of the New Zealand Law Society's “Civil Electronic Casebooks – Senior Courts” seminars in 2019 with the Hon Justice Forrest Miller, Hon Justice Pheroze Jagose and Hon Justice Laura O’Gorman

Notable Experience

Below is a short selection of recent and notable cases. For more detailed information about my experience in a specific area please contact me.

Competition and regulatory

Confidential - potential cartel conduct - successful obtaining of marker from Commerce Commission and subsequent leniency from civil proceedings.

Counsel for RFP submitter to ACC in relation to beach of the Government Procurement Rules.

Confidential - potential cartel conduct – response to s98 Commerce Act 1986 notices and defence of subsequent issue of proceedings by Commerce Commission for breach of ss27 and 30 of the Act, negotiated settlement and associated penalty hearing.

Confidential - advice on obligations of consultation under the Airport Authorities Act 1966.

Advice to various law firms - obligations and potential breaches of Lawyers and Conveyancers Act 2006 and Financial Service Providers (Registration and Dispute Resolution) Act 2008.

Confidential - potential investigation by Ministry of Primary Industries - breach of Animal Products Act 1999.

Commercial and civil litigation

Confidential - family trust disputes including: allegations of undue influence; lack of capacity; revocation of power of attorney; variation of trust deed; removal and replacement of trustees; and application to repair trust property.

QBE Insurance (International) Ltd v Pegasus Group Ltd - claim in the High Court, and appeal to Court of Appeal, against bailee and insurer for losses caused by stock being stolen by employees of the bailee.

Carter Holt Harvey Ltd v Genesis Power Ltd & Ors - multi-million-dollar dispute between Carter Holt, Genesis Energy and Rolls-Royce NZ revolving around alleged breaches of turnkey construction contract.

Counsel for an international development company involved in a major development in Malaysia - managing litigation in New Zealand and Malaysia.

The Edge Buying Group (Queenstown 2000) Ltd v Coca - Cola Amatil (NZ) Ltd - Co-counsel for Coca-Cola Amatil in claim for interim injunction, specific performance and damages – High Court trial and subsequent appeal.

Insolvency, shareholder and governance disputes

East Wind Company Limited (in Liquidation), East Wind Company Limited (in Liquidation) v Sky Forrest Limited, and subsequent appeal - Counsel for the Liquidators of the Best Invest Group of companies in; proceedings against the Estate of the deceased directors for breach of directors’ duties, unjust enrichment and overdrawn shareholder’s current account; application under Part 6 of the Insolvency Act 2006; and proceeding against another corporate and an individual for unjust enrichment, breach of fiduciary duty and repayment of a loan.

Confidential – defence of minority shareholder claim – negotiated settlement.

Fortex Group Ltd (in receivership and liquidation) v Price Waterhouse and The Trustees Executors and Agency Company of New Zealand v Price Waterhouse – junior counsel for PriceWaterhouseCoopers in two multi-million dollar civil proceedings that followed the collapse of Fortex Group Ltd.