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Anthony Patrick Molloy KC (born 3 March 1944) is a New Zealand lawyer, legal commentator and controversialist.

Early life

Molloy was educated by the Christian Brothers at St Peter's College, Auckland, by the Jesuit Fathers at Holy Name Seminary, Christchurch and at Auckland University, where he won the Hugh Campbell Scholarship in law.^[1]

Legal career

Molloy was admitted in the Supreme Court of New Zealand (as it then was) as a Barrister and Solicitor in Auckland in 1967. He commenced practice as a Barrister sole in 1969. His practice has been largely in the areas of banking law, domestic and international income and capital taxation, goods and services tax, partnership law, property law, trusts and wills. He has been active in establishing, in the taxation area, the principles of administrative law and judicial review, appearing as counsel in several important cases before the superior courts of New Zealand. For many years Molloy was part-time lecturer at the University of Auckland Law School in the Law of Trusts, Wills and Succession and was, for ten years, assessor and moderator in those subjects for all the University Law Schools in New Zealand. He has published widely, most notably, Molloy on Income Tax (1976) and, with PRH Webb, The Law of Partnership in New Zealand (1998). In 1977, Molloy was awarded the degree of Doctor of Laws (LL.D) by Auckland University in recognition of his "contributions of special excellence to legal scholarship". In 1984, he was elevated to the rank of Queen's Counsel. Molloy has also practised in Canon law as counsel appointed by the Catholic Bishop of Auckland in the Ecclesiastical Courts of the Catholic Church.^[1]^[2] Molloy is currently co-editor of Trusts and Trustees.

Winebox

In 1994, Molloy was appointed as taxation adviser to Counsel assisting the Winebox Inquiry. His appointment drew protests from some of the parties and in early 1995 the Commissioner Sir Ronald Davison terminated his appointment. Molloy later published a book (Thirty Pieces of Silver (1998)) on some of the issues relevant to that inquiry and, more broadly, the role in New Zealand, of the large legal firm, Russell McVeagh McKenzie Bartleet & Co.^[1] He has also published other comment on the Winebox Inquiry.^[3]

Judicial specialisation

Molloy has complained about New Zealand's "one judge fits all" approach to law, where the legal profession fails to insist counsel should not argue cases in areas where they have no competence, and parliament fails to insist judges sit on cases only where they have acknowledged expertise. He has been supported by some lawyers^[4] and criticised by others^[5] including New Zealand's Attorney-General who has suggested that Molloy surrender his QC warrant.^[6]^[7]^[8]

Wine grower

In 1980 Molloy and his wife Petra established the St Nesbit vineyard and winery at Karaka, 30 km south of Auckland, on a peninsula on the Manukau harbour. The original plantings were Cabernet Sauvignon, Cabernet Franc and Merlot. From these vines, St Nesbit produced an award-winning red wine. However, the vines were decimated by leaf roll virus in the early 1990s and had to be removed. The vineyard was then replanted with the five Bordeaux varieties (the three mentioned above with Petit Verdot and Malbec) using new clones, low-vigour rootstock and very high plant densities. The first vintage was released from the new vineyard in 2002. It was the first St Nesbit released in 10 years. St Nesbit continues to make only one wine, a vineyard-determined blend.^[1]^[9]

Selected works

Molloy on income tax, Butterworths, Wellington, 1976.
Molloy on tax disputes, investigations and crimes, Fishmore Press, Auckland, 1988.
Principles of the law of partnership, Butterworths, Wellington, 1996 (with PRH Webb).
Thirty pieces of silver: a big New Zealand law firm and its concept of professional responsibility, viewed through its words, its works and its documents, Howling at the Moon productions, Auckland, 1998;

References

^ ^a ^b ^c ^d Anthony Molloy, Thirty Pieces of Silver, Howling at the Moon, Auckland, pp. vii and viii.
^ Shortland Chambers, Anthony Molloy QC Archived 16 September 2011 at the Wayback Machine
^ for example: Tony Molloy QC, "Time and time again, Courts labelled Winebox deal fraud",[1] The New Zealand Herald, Monday, 21 July 2008.
^ Anthony Grant, "How others see us: A need for judicial specialization" (retrieved 30 August 2015)
^ James Farmer QC, Commentary: The High Court in Review, 6 October 2012 (Retrieved 31 August 2015)
^ Taylor, Phil (5 May 2012). "Justice in the firing line". The New Zealand Herald.
^ O'Neill, Rob (22 May 2012). "Law System a 'laughing stock'". Sunday Star-Times.
^ "QC spat gets Ugly". Scoop News (Lawfuel). 6 September 2012.
^ St Nesbit Winery

External links

Shortland Chambers, Anthony Molloy QC (Retrieved 4 September 2012)
St Nesbit Winery (accessed 13 May 2010)
Trusts and Trustees

[Molloy_pvii-vii-1] Anthony Molloy, Thirty Pieces of Silver, Howling at the Moon, Auckland, pp. vii and viii.

[2] Shortland Chambers, Anthony Molloy QC Archived 16 September 2011 at the Wayback Machine

[3] r example: Tony Molloy QC, "Time and time again, Courts labelled Winebox deal fraud",[1] The New Zealand Herald, Monday, 21 July 2008.

[4] Anthony Grant, "How others see us: A need for judicial specialization" (retrieved 30 August 2015)

[5] James Farmer QC, Commentary: The High Court in Review, 6 October 2012 (Retrieved 31 August 2015)

[6] Taylor, Phil (5 May 2012). "Justice in the firing line". The New Zealand Herald.

[7] O'Neill, Rob (22 May 2012). "Law System a 'laughing stock'". Sunday Star-Times.

[8] "QC spat gets Ugly". Scoop News (Lawfuel). 6 September 2012.

[9] St Nesbit Winery

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[3]

[4]

[5]

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@@ Line 1: / Line 1: @@
+{{Short description|New Zealand lawyer (b.1944)}}
-'''Anthony Molloy'''  (born 03 March, 1944) is a leading Auckland lawyer, wine grower, and author.
+{{Use dmy dates|date=June 2023}}
+{{Use New Zealand English|date=July 2013}}
+'''Anthony Patrick Molloy''' {{post-nominals|country=NZL|KC}} (born 3 March 1944) is a [[New Zealand]] lawyer, legal commentator and controversialist.
+==Early life==
+Molloy was educated by the [[Congregation of Christian Brothers in New Zealand|Christian Brothers]] at [[St Peter's College, Auckland]], by the [[Jesuits|Jesuit Fathers]] at [[Holy Name Seminary]], [[Christchurch]] and at [[Auckland University]], where he won the Hugh Campbell Scholarship in law.<ref name="Molloy_pvii-vii">Anthony Molloy, ''Thirty Pieces of Silver'', Howling at the Moon, Auckland, pp. vii and viii.</ref>
-==Ealy life and personal==
-Molloy was educated by the [[Congregation of Christian Brothers in New Zealand|Christian Brothers]] at [[St Peter's College, Auckland]], by the [[Jesuits|Jesuit Fathers]] at Holy Name Seminary, [[Christchurch]] and at [[Auckland University]], where he won the Hugh Campbell Scholarship in law.<ref name="Molloy_pvii-vii"> Anthony Molloy, ''Thirty Pieces of Silver'', Howling at the Moon, Auckland, pp. vii and viii.</ref>
 ==Legal career==
-Molloy was admitted in the [[High Court of New Zealand|Supreme Court]] (as it was then called) as a [[Lawyer|Barrister and Solicitor]] in 1967. He commenced practice as a [[Barrister|Barrister sole]] in 1969. His practice has been largely in the areas of [[banking law]], domestic and international income and capital taxation, [[goods and services tax]], [[Partnership|partnership law]], [[property law]], [[trusts]] and [[wills]]. He has been active in establishing, in the taxation area, the principles of [[administrative law]] and [[judicial review]], appearing as counsel in several important cases before the superior courts of New Zealand. For many years Molloy was part time lecturer at the [[University of Auckland Law School]] in the Law of Trusts, Wills and Succession and was, for ten years, assessor and moderator in those subjects for all the University Law Schools in New Zealand. He has published widely, most notably, ''Molloy on Income Tax'' (1976) and, with PRH Webb, ''The Law of Partnership in New Zealand'' (1998). In 1977, Molloy was awarded the degree of [[Doctor of Law]] (LL.D) by the Auckland University in recognition of his "contributions of special excellence to legal scholarship". In 1984, he was elevated to the rank of [[Queens Counsel]]. Molloy has also practised in [[Canon law]] as counsel appointed by the [[Roman Catholic Diocese of Auckland|Catholic Bishop of Auckland]] in the [[Ecclesiastical Courts]] of the Catholic church.<ref name="Molloy_pvii-vii"/> <ref>[http://www.shortlandchambers.co.nz/barristers/anthonymolloyqc/ Shortland Chambers, Anthony Molloy QC]</ref>
+Molloy was admitted in the [[High Court of New Zealand|Supreme Court of New Zealand]] (as it then was) as a [[Lawyer|Barrister and Solicitor]] in Auckland in 1967. He commenced practice as a [[Barrister|Barrister sole]] in 1969. His practice has been largely in the areas of [[banking law]], domestic and international income and capital taxation, [[Goods and Services Tax (New Zealand)|goods and services tax]], [[Partnership|partnership law]], [[property law]], [[trusts]] and [[Will and testament|wills]]. He has been active in establishing, in the taxation area, the principles of [[administrative law]] and [[judicial review]], appearing as counsel in several important cases before the [[superior court]]s of New Zealand. For many years Molloy was part-time lecturer at the [[University of Auckland Law School]] in the Law of Trusts, Wills and Succession and was, for ten years, assessor and moderator in those subjects for all the University Law Schools in New Zealand. He has published widely, most notably, ''Molloy on Income Tax'' (1976) and, with PRH Webb, ''The Law of Partnership in New Zealand'' (1998). In 1977, Molloy was awarded the degree of [[Doctor of Laws]] (LL.D) by Auckland University in recognition of his "contributions of special excellence to legal scholarship". In 1984, he was elevated to the rank of [[Queen's Counsel]]. Molloy has also practised in [[Canon law]] as counsel appointed by the [[Roman Catholic Diocese of Auckland|Catholic Bishop of Auckland]] in the [[Ecclesiastical Courts]] of the Catholic Church.<ref name="Molloy_pvii-vii"/><ref>[http://www.shortlandchambers.co.nz/barristers/details/anthony-molloy.html/ Shortland Chambers, Anthony Molloy QC] {{webarchive |url=https://web.archive.org/web/20110916220918/http://www.shortlandchambers.co.nz/barristers/details/anthony-molloy.html/ |date=16 September 2011 }}</ref> Molloy is currently co-editor of ''[[Trusts and Trustees]]''.
 ==Winebox==
-In 1994, Molloy was appointed as taxation adviser to Counsel assiting the [[Winebox Inquiry]]. His appointment drew protests from some of the parties and in early 1995 the Commissioner [[Ronald Davison|Sir Ronald Davison]] terminated his appointment. Molloy later published a book (''Thirty Pieces of Silver'' (1998)) on some of the issues relevant to that inquiry and, more broadly, the role in New Zealand, of the large legal firm, [[Russell McVeagh|Russell McVeagh McKenzie Bartleet & Co]].<ref name="Molloy_pvii-vii"/> He has also published other comment on the Winebox Inquiry.<ref>Tony Molloy QC, "Time and time again, Courts labelled Winebox deal fraud",[http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10522529] ''[[The New Zealand Herald]]'', Monday, July 21, 2008.</ref>
+In 1994, Molloy was appointed as taxation adviser to Counsel assisting the [[Winebox Inquiry]]. His appointment drew protests from some of the parties and in early 1995 the Commissioner [[Ronald Davison|Sir Ronald Davison]] terminated his appointment. Molloy later published a book (''Thirty Pieces of Silver'' (1998)) on some of the issues relevant to that inquiry and, more broadly, the role in New Zealand, of the large legal firm, [[Russell McVeagh|Russell McVeagh McKenzie Bartleet & Co]].<ref name="Molloy_pvii-vii"/> He has also published other comment on the Winebox Inquiry.<ref>for example: Tony Molloy QC, "Time and time again, Courts labelled Winebox deal fraud",[http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10522529] ''[[The New Zealand Herald]]'', Monday, 21 July 2008.</ref>
+==Judicial specialisation==
+Molloy has complained about New Zealand's "one judge fits all" approach to law, where the legal profession fails to insist counsel should not argue cases in areas where they have no competence, and parliament fails to insist judges sit on cases only where they have acknowledged expertise. He has been supported by some lawyers<ref>[http://www.anthonygrant.com/trusts/36-pages/trusts/117-specialisation.html Anthony Grant, "How others see us: A need for judicial specialization"] (retrieved 30 August 2015)</ref> and criticised by others<ref>[http://www.jamesfarmerqc.co.nz/legal-commentary/the-high-court-in-review James Farmer QC, Commentary: The High Court in Review, 6 October 2012] (Retrieved 31 August 2015)</ref> including New Zealand's [[Attorney-General]] who has suggested that Molloy surrender his [[Queen's Counsel|QC]] warrant.<ref>{{cite news
+ | last =Taylor
+ | first =Phil
+ | title =Justice in the firing line
+ | newspaper =The New Zealand Herald
+ | date =5 May 2012
+ | url =http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10803600
+ }}</ref><ref>{{cite news
+ | last =O'Neill
+ | first =Rob
+ | title =Law System a 'laughing stock'
+ | newspaper =Sunday Star-Times
+ | date =22 May 2012
+ | url =http://www.stuff.co.nz/sunday-star-times/business/5033713/Law-system-a-laughing-stock
+ }}</ref><ref>{{cite news
+ | title =QC spat gets Ugly
+ | newspaper = Scoop News (Lawfuel)
+ | date =6 September 2012
+ | url =http://www.scoop.co.nz/stories/HL1209/S00030/qc-spat-gets-ugly.htm
+ }}</ref>
 ==Wine grower==
-In 1980 Molloy and his wife Petra established the St Nesbit vinyard and winery near Auckland. The original plantings were [[Cabernet Sauvignon]], [[Cabernet Franc]] and [[Merlot]]. From these vines, St Nesbit produced an award-winning red wine. However, the vines were decimated by leaf roll virus in the early 1990s and had to be removed. The vineyard was then replanted with the five [[Bordeaux wine|Bordeaux]] varieties (the three mentioned above with [[Petit Verdot]] and [[Malbec]] using new [[clone|clones]], low-vigour [[rootstock]] and very high plant densities.  The first vintage was released from the new vineyard in 2002. It was the first St Nesbit released in 10 years.  St Nesbit continues to make only one wine, a vineyard-determined blend.<ref name="Molloy_pvii-vii"/><ref>[http://www.stnesbit.co.nz/ St Nesbit Winery]</ref>
+In 1980 Molloy and his wife Petra established the St Nesbit vineyard and winery at [[Karaka, New Zealand|Karaka]], 30&nbsp;km south of Auckland, on a [[peninsula]] on the [[Manukau harbour]]. The original plantings were [[Cabernet Sauvignon]], [[Cabernet Franc]] and [[Merlot]]. From these vines, St Nesbit produced an award-winning red wine. However, the vines were decimated by leaf roll virus in the early 1990s and had to be removed. The vineyard was then replanted with the five [[Bordeaux wine|Bordeaux]] varieties (the three mentioned above with [[Petit Verdot]] and [[Malbec]]) using new [[cloning|clones]], low-vigour [[rootstock]] and very high plant densities.  The first vintage was released from the new vineyard in 2002. It was the first St Nesbit released in 10 years.  St Nesbit continues to make only one wine, a vineyard-determined blend.<ref name="Molloy_pvii-vii"/><ref>[http://www.stnesbit.co.nz/ St Nesbit Winery]</ref>
-==Selected bibliography of works by Anthony Molloy==
+==Selected works==
 * ''Molloy on income tax'', Butterworths, Wellington, 1976.
 * ''Molloy on tax disputes, investigations and crimes'', Fishmore Press, Auckland, 1988.
 * ''Principles of the law of partnership'', Butterworths, Wellington, 1996 (with PRH Webb).
 * ''Thirty pieces of silver: a big New Zealand law firm and its concept of professional responsibility, viewed through its words, its works and its documents'', Howling at the Moon productions, Auckland, 1998;
-Anthony Molloy QC is an editor of [http://tandt.oxfordjournals.org/''Trusts and Trustees''].
 ==References==
-{{reflist|2}}
+{{reflist}}
 ==External links==
-*[http://www.shortlandchambers.co.nz/barristers/anthonymolloyqc/ Shortland Chambers, Anthony Molloy QC (accessed 13 May 2010)]
+*[https://web.archive.org/web/20110916220918/http://www.shortlandchambers.co.nz/barristers/details/anthony-molloy.html Shortland Chambers, Anthony Molloy QC] (Retrieved 4 September 2012)
 *[http://www.stnesbit.co.nz/ St Nesbit Winery (accessed 13 May 2010)]
+*[https://web.archive.org/web/20061119031911/http://tandt.oxfordjournals.org/ ''Trusts and Trustees'']
+{{DEFAULTSORT:Molloy, Anthony}}
-{{Persondata
-|NAME=Molloy, Anthony
-|ALTERNATIVE NAMES=
-|SHORT DESCRIPTION=Barrister
-|DATE OF BIRTH= 03 March, 1944
-|PLACE OF BIRTH=[[Auckland]], [[New Zealand]]
-|DATE OF DEATH=
-|PLACE OF DEATH=
-}}
-{{DEFAULTSORT:Molloy Anthony}}
 [[Category:1944 births]]
 [[Category:Living people]]
-[[Category:Former Students of St Peter's College, Auckland]]
+[[Category:New Zealand people of Irish descent]]
+[[Category:People educated at St Peter's College, Auckland]]
 [[Category:University of Auckland alumni]]
-[[Category:New Zealand lawyers]]
+[[Category:Academic staff of the University of Auckland]]
-[[Category: New Zealand winemakers]]
+[[Category:20th-century New Zealand lawyers]]
+[[Category:New Zealand winemakers]]
+[[Category:New Zealand Roman Catholics]]
+[[Category:Holy Name Seminary alumni]]
+[[Category:New Zealand King's Counsel]]
+[[Category:Tax lawyers]]
+[[Category:21st-century New Zealand lawyers]]