Peter Devonshire

Associate Professor
LLB (Hons) Birm., LLM Alta., PhD

Contact details
Building 803, room 309
17 Eden Crescent
Auckland

Phone: +64 9 923 5638
Email: p.devonshire@auckland.ac.nz

Available to students
12noon - 1pm Wednesday and Friday. Other times by appointment.

Profile

Peter Devonshire joined the Faculty of Law in 1992.  He teaches and researches in private law, focusing on remedies, property rights and equity.  His PhD thesis examined the relationship between interlocutory injunctions and third parties.  Peter received The University of Auckland Distinguished Teaching Award for the Faculty of Law in 1999 and in 2004 he received The University of Auckland Teaching Excellence Award for Sustained Excellence in Teaching.

Peter’s articles have appeared in leading journals in New Zealand, England, Canada and Australia.  He is a section editor of New Zealand Business Law Quarterly and was formerly General Editor of New Zealand Universities Law Review.  Peter is a regular presenter at conferences and seminars in New Zealand and overseas.

Research Interests

• Equitable Remedies
• Trusts
• Mortgage Law
• Public Tendering

Courses Taught

• LAW 306 Equity
• LAW 471 Personal Property
• LAW 481 Equitable Remedies
• LAW 301 Land Law (1992-2003)

Recent Publications

• "The Hypothetical Negotiation Measure: An Untenable Fiction?" forthcoming Restitution Law Review
  
• "Defining Pedagogical Standards and Benchmarks for Teaching Performance in Law Schools: Contrasting Models in New Zealand and the United Kingdom" (2012) 46 The Law Teacher 50—64 (with Ian Brailsford)
• "Damages and the Betrayal of Commercial Confidence" (2010) 126 Law Quarterly Review 526-529
• "Account of Profits for Breach of Fiduciary Duty" (2010) 32 Sydney Law Review 389-410
• "Fraud on a Power: A Doctrine in Retreat" [2010] New Zealand Law Review 503-518
• "Developments in Equitable Remedies" Institute of Judicial Studies, Wellington, 2010, 1-27
• "Pecuniary Remedies for Breach of Confidence" (2010) 21 King's Law Journal 355-370
• “Damages and Account of Profits” New Zealand Law Society, Wellington, 2008, 1-56 (with T Mullins)
• “Listing, not Sunk: The Siskina in the House of Lords” (2007) 123 Law Quarterly Review, 361-365
• “Fraud on a Power: Patterns in the Mosaic” (2007) 22 New Zealand Universities Law Review, 496-510
• “Damages and Equitable Remedies” Institute of Judicial Studies, Wellington, 2007, 1-90 (with Justice Harrison)
• “Do Banks Owe a Duty of Care in Administering Mareva Injunctions?” (2006) 12 New Zealand Business Law Quarterly, 301-307 (with R Tobin)
• “The Liability of Original Mortgagors and Sureties upon Default by a Mortgagor by Assumption” (2006) 39 University of British Columbia Law Review, 185-207
• “Enjoining Breach of a Charterparty” (2005) 121 Law Quarterly Review, 560-563
• “Restraint on Freedom of Expression under the Human Rights Act: Cream Holdings Ltd v Banerjee in the House of Lords” (2005) 24 Civil Justice Quarterly, 194-199
• “Pre-emptive Orders Against Evasive Dealings: An Assessment of Recent Trends” [2004] The Journal of Business Law, 357-377
• “The Modern Law of Public Tendering: The Principles Defined” (2004) 10 New Zealand Business Law Quarterly, 114-123

Recent Papers Presented

• "The Nature of Pecuniary Awards for Interference with Property Rights" Society of Legal Scholars' Annual Conference, Cambridge, 2011
• "Defining Pedagogical Standards and Benchmarks for Teaching Performance in Law Schools: Contrasting Models in New Zealand and the United Kingdom" Association of Law Teachers Annual Conference, Cardiff, 2011
• "Developments in Equitable Remedies" Institute of Judicial Studies seminars at Auckland and Wellington, 2010
• “Injunctions and Pecuniary Remedies for Breach of Confidence” Society of Legal Scholars’ Centenary Conference, Keele University, 2009
• “Fraud on a Power” Legal Research Foundation Conference on the Modern Law of Trusts, Auckland, 2009.
• “Account of Profits for Breach of Fiduciary Duty” Society of Legal Scholars’ Annual Conference, London School of Economics, 2008
• “Damages and Account of Profits” New Zealand Law Society seminars at Christchurch, Wellington, Hamilton and Auckland, 2008 (co-presented)
• “Damages and Equitable Remedies” Institute of Judicial Studies seminars at Auckland and Wellington, 2007 (co-presented)