Jason Goodall

Contact

Telephone: +64 9-309-7751

Mobile: +64 21-166-6539

Fax: +64 9 377 0997

[email protected]

Post: Bankside Chambers, Level 22, 88 Shortland Street, Auckland, New Zealand

Jason Goodall

Jason is a highly experienced commercial advocate with a focus on High Court litigation.

Jason graduated from the University of Auckland with numerous awards, including a senior scholarship in law awarded to the top three students and prizes for winning the University’s top advocacy competition two years in a row.  Prior to commencing practice as a barrister, Jason clerked for Sir Peter Blanchard in the Court of Appeal, and was a litigator at Russell McVeagh and  Slaughter & May (London).

Jason practises across the full range of commercial litigation, but has particular expertise in finance and security disputes, insurance, professional negligence, trust and estate matters, company litigation, and property and construction disputes. He also acts for clients in Serious Fraud Office and Financial Markets Authority investigations.

Jason is a regular speaker at Law Society conferences and has written a number of published academic articles.   He is also an editor of New Zealand’s leading property text, Hinde McMorland & Sim Land Law in New Zealand, having taken over the responsibilities of the late Emeritus Professor George Hinde in 2014.

Recent and Notable Cases

Recent and notable cases

Many of Jason’s cases have concluded with favourable commercial settlements. However, some cases that have progressed to a full hearing / trial include:

  • Carolan v New Zealand Real Estate Credit Ltd & Ors (High Court, 29 July 2016, Fogarty J): acting for high profile investor George Kerr and related entities to recover monies from a merchant banker;
  • Carter v Metal Design Solutions Ltd (High Court, 31 May 2016, Sargisson AJ): defending Fletcher Building in a product liability claim;
  • Yan v Commissioner of Police [2016] NZLR 593 (Court of Appeal, 1 December 2015): acting with David Jones QC to represent well-known businessman William Yan in civil forfeiture proceedings concerning over $40 million of restrained assets;
  • Richardson Road Medical Centre Pharmacy Limited v Mt Roskill Joint Venture Limited (High Court, 9 October 2015, Nation J): injunction to restrain owner of a medical centre from leasing space to a competing pharmacy under the principle of non-derogation from grant;
  • Video Ezy International Pty Limited v Red Bond Limited (High Court, 14 July 2015, Mander J): acting for Video Ezy International in litigation to take back control of Video Ezy New Zealand and enforce restraints of trade against franchisees;
  • Itochu Corporation v Kiwi Forestry International Trading Ltd (High Court, 15 April 2015, Hinton J): acting for one of the largest corporations in Japan to secure an injunction over $1 million of logs held at Northport. The four parties defending the injunction capitulated on the second day of the hearing, resulting in orders by consent;
  • Blum v ANZ Bank New Zealand Limited [2015] NZCA 335 (Court of Appeal): leading decision on inadvertent breach of confidence.  The appeal was technically disallowed, but the appellant was permitted to disclose the details he wanted to release. The Court of Appeal refused the Bank’s request to suppress its judgment;
  • Kuranui Trust Ltd v The Pines 2014 Ltd (High Court, 14 April 2015, Hinton J): acting for the developer of a $30 million apartment complex to defend a stop-work injunction. The case was settled after a series of interim hearings;
  • LSG Sky Chefs v Pacific Flight Catering [2016] 1 NZLR 433 (High Court to Supreme Court): acting with Bruce Stewart QC to defend a restitution claim relating to liability for accrued employment costs on the transfer of a major airline catering contract;
  • Grant v Goldencourt Investments Ltd (High Court, 3 September 2014, Ellis J): setting aside a freezing order relating to funds from a property development transaction and obtaining costs against liquidators personally;
  • Pharma Pac Ltd v Leonard (High Court, 26 August 2014, Doogue AJ): guarantee proceedings concerning the effect of a creditors’ compromise on a personal guarantee;
  • Rosebud Corporate Trustee Ltd v Bublitz (2014) 3 NZTR 24-025 (High Court): joint venture dispute concerning a major residential property development where Jason established New Zealand’s first sham trust;
  • Berenice v 125 Gills Ltd (High Court, 23 October 2013, Sargisson AJ): caveat proceedings;
  • Wiltshire Investments Ltd v Symons (High Court, 4 June 2013, Bell AJ) recovery under a guarantee arising out of a joint venture finance company;
  • Stockman v New Zealand Association of Counsellors Inc [2013] NZAR 1233 (High Court): judicial review proceedings;
  • Z Ltd v Offshore Incorporations (Samoa) Ltd and Samoa International Authority [2013] WSCA 1 (Court of Appeal, Western Samoa): leading decision on companies legislation and Norwich Pharmacal disclosure orders. Jason advised the respondents and wrote their appeal submissions;
  • Health Club Brands v Colven (High Court, 7 March 2013, Winkelmann J): injunction proceedings in relation to a well-known gym franchise. The legal argument in court was featured on Campbell Live;
  • LSG Sky Chefs v Pacific Flight Catering (2012) 10 NZELR 275 (High Court, 9 August 2012, Toogood J): leading decision on the defence of passing on in the law of restitution;
  • Burton v Thompson (High Court, 13 June 2012, Heath J): interim orders arising out of a shareholder dispute in a high-end fashion wholesaling company;
  • Mohican Holdings Ltd v Mainstream Logistics Ltd (High Court, 1 June 2012, Fogarty J): misrepresentation action arising out of the sale and purchase of a freight logistics company;
  • Low v Body Corporate 384911 [2011] 2 NZLR 263 (High Court, 21 February 2011, Heath J): defending a $3 million hotel management contract from an ultra vires challenge;
  • Cottonsoft Ltd v Creative Hotpot Ltd (High Court, 29 March 2011, Miller J): breach of contract and quantum meruit claims on behalf of an advertising agency;
  • Haupini v SRCC Holdings Ltd (2011) 9 NZELC 93,952 (Human Rights Review Tribunal, 28 September 2011): acting with another barrister to defend an employer in the “moko discrimination case”. Jason was interviewed about the case in a panel discussion on Jim Mora’s Radio New Zealand show in 2013 when the same issue arose at Air New Zealand;
  • ECZIW Fishing Ltd v Poseidon Pacific Ltd (High Court, 11 April 2011, Abbott AJ): defending a major fishing company in liquidation proceedings;
  • Team Clavel Motorsport v Neil Allport Motorsports Ltd (High Court, 26 May 2010, Miller J): injunction over a rally car on behalf of the New Caledonian rally team in the Rally of New Zealand.

Prior to commencing practice at the independent bar in 2009, Jason acted in litigation for many large corporate clients, including Telecom, the New Zealand Treasury, Westpac, IAG, various international hedge funds and the global insurance broker Willis.

Qualifications and Career

Qualifications

•    LLB(Hons), BCom.

 

Academic awards

•    Senior Scholarship in Law
•    New Zealand Insurance Law Association Prize
•    Chapman Tripp research scholarship
•    Gary Davis Memorial Prize
•    Geoffrey Powell Prize

•    Stout Shield

 

Professional background

•    Barrister sole (from 2009)
•    Senior Associate, Slaughter & May, London(2007-2009)
•    Senior Solicitor, Russell McVeagh (2003-2007)
•    Judge’s Clerk, Court of Appeal, Blanchard J (2002-2003)