Partner - Auckland

Phil Shackleton

Phil is one of New Zealand’s most innovative and experienced insolvency litigators. He was integral to the 'Debut Homes' landmark decision on directors’ duties.

Phil is one of New Zealand’s most innovative and experienced insolvency litigators. He was integral to the 'Debut Homes' landmark decision on directors’ duties.

Phil Shackleton

About

Phil acts for both debtors and creditors, including companies and directors facing recovery demands, private insolvency practitioners, and the Official Assignee.

He advises public and private clients – spanning finance, construction, residential and commercial property, as well as the forestry, dairy, hospitality, and tourism sectors – on receivership, liquidation, security enforcement, shareholder disputes, priority disputes, debt recovery, and banking litigation.

Phil has appeared at every level of New Zealand’s court system. For 20 years, he has been at the forefront of some of New Zealand’s most important insolvency cases, including the precedent-setting Debut Homes v Cooper – the first time the Supreme Court had considered the issue of directors' duties.

Clients turn to Phil for his extensive litigation experience, commercial approach, and ability to devise and execute strategies that achieve their goals.

Recent Cases & Achievements

Independent Carpets Limited (In Liq) v Carpet Call 2000 NZ Limited [2021] NZHC 1750

Successful claims by company and liquidators for contractual and insolvency matters

Madsen-Ries v Cooper [2020] NZSC 100 (“Debut Homes”)

Successful and precedent-setting Supreme Court appeal for breaches of directors’ duties

Attractum Limited (In Liq) v Chapman [2020] NZHC 318

Successful recovery of unpaid current account and claw back of insolvent distributions

Liquidators of ASB Showgrounds

Historic lease arrangements and the sale and purchase of various assets

Receivers of Nido (Magsons Hardware Ltd)

PPSA issues and complicated high-value commercial matters

Receivers of a $4m+ South Island dairy farm

Successful tender process and sale

Credentials

Admitted as NZ Barrister and Solicitor, 2003

LLB/BA, University of Auckland