Damian Chesterman is a commercial and civil barrister and arbitrator at FortyEight Shortland Barristers, Auckland. He has practised for more than 30 years and appears as lead counsel in the High Court, Court of Appeal and Supreme Court. Insolvency and directors’ duties are central to his practice. He was lead counsel throughout Robt Jones Holdings Ltd v McCullagh and Lawrence [2019] 1 NZLR 641, a leading judgment of the Supreme Court on voidable transactions.   

Directors’ duties in financial distress are a particular focus. Damian’s peer reviewed article “Potential Reforms for New Zealand’s Corporate Insolvency Regime: Guidance from Australia, the United Kingdom, the United States and the European Union” (2025) 28 NZBLQ 111, examines directors’ personal liability for trading while insolvent, including Mainzeal, and addresses whether a statutory safe harbour for directors should be available in New Zealand. As convenor of the New Zealand Law Society’s Commercial and Business Law Committee, he has reviewed reform proposals for the Companies Act 1993. 

Damian’s qualifications include an LLM (Hons) from the University of Cambridge; an LLB (First Class Honours) from the University of Waikato; a B.Com from the University of Auckland; and FAMINZ (Arb), New Zealand’s highest qualification in arbitration. He is admitted in New Zealand, Australia, England and Wales and New York.