Cogswell Law        


Paul Cogswell





Paul Cogswell    LLB

Paul has extensive commercial litigation and dispute resolution experience and acts for a wide range of commercial and private clients. Paul has particular experience in building & construction law - including leaky building litigation - property and contractual disputes and insolvency.

Paul Cogswell

I have over 20 years’ legal experience. Prior to setting up my own firm in 2006 with an experienced corporate and commercial law colleague, I was a partner in the litigation and dispute resolution team of an Auckland city law firm. I am now in sole practice, providing purely litigation and dispute resolution legal advice.

I graduated from Auckland University in 1992 and was admitted to the New Zealand Bar later that year. I have practiced continuously since that time.

I advise on contract disputes, property disputes, tenancy disputes on behalf of tenants and landlords, construction/building disputes and company and partnership disputes. I also advise on insurance law, trade practice law and director’s reckless trading issues.
My skills include resolving disputes through alternative dispute resolution (mediation, arbitration and negotiation) when appropriate. I can provide mediation services to parties requiring an independent, trained, facilitator.

I have specialist knowledge in the “leaky building” area. I hold a Judicial Warrant as a part-time Adjudicator with the Weathertight Homes Tribunal. That role sees me hearing and determining the often complex claims brought in the Tribunal by the owners of leaky homes and apartment blocks.

I continue to act for builders, sub-contractors, architects, project managers, bodies corporate and owners in the civil courts on these cases. I acted on the first appeal from the WHT to the High Court.

In addition to acting on leaky building cases, I regularly advise on Body Corporate issues, including interpretation and validity of Body Corporate Rules, disputes arising from Body Corporate Rules and other issues arising in the Body Corporate context.

I have conducted cases as counsel in Adjudications under the Construction Contracts Act. I have been counsel in arbitrations.

In the insolvency area, I act both for and against financiers, receivers and liquidators on the myriad of complex issues raised by business failure. I was counsel on the Portacom case, New Zealand's first case under the Personal Property Securities legislation. I have also acted for the Official Assignee in reckless trading actions against directors following liquidation.

I advise finance companies and other business clients on the timely and economic recovery of bad debts and management of defaulting customers. I advise on mortgagee sales for clients in that area.

I have appeared in the Coroners Court and prosecuted criminal cases on behalf of the Crown.

I am a regular conference presenter on my areas of expertise and contributor to articles on construction and insolvency issues. I have presented at both LexisNexis and Conferenz conferences, both of whom are leading legal education providers. I have also presented to NZIA, the New Zealand body regulating Architects and to members of the construction industry.

I have held a role for two terms as a trustee on the board of Pasadena Intermediate School in Auckland.

When I am not engaged in legal practice, I relax by running, mountain and road biking and enjoying our fantastic beaches.

Office: +64 9 368 7062
Fax: +64 9 368 7063
Postal Address: PO Box 6343
Wellesley Street
Auckland 1141
New Zealand