Recent and Notable Cases
Recent and notable cases
Jason regularly provides advice on corporate transactions and contentious matters. In recent times, he has advised a Lloyd’s syndicate on a major insurance claim and an Australian litigation funder on its class action funding arrangements. He recently defended a board of directors against an injunction to stop a $90 million asset sale and is presently acting for the liquidators of the CBL Corporation in one of New Zealand’s largest corporate insolvencies.
Many of Jason’s cases have concluded with favourable commercial settlements. However, cases that have progressed to hearing and/or trial include:
- Energy Securities LP v Vector Limited (High Court, 18 June 2019, Gordon J): defending Vector against a lowball share offer entity associated with Bernard Whimp. The judgment ordered increased costs to Vector after the plaintiff discontinued immediately before the substantive hearing, following three years of litigation.
- Sullivan v Wellsford Properties (Court of Appeal, 20 May 2019): Fair Trading Act and misrepresentation claims on the sale of a commercial property. Leave was sought to appeal to the Supreme Court, but the case settled before the application was determined.
- Westpac New Zealand Ltd v Z (High Court, 7 May 2019, Venning J): acting for Westpac in a $50 million civil fraud claim. Judgment was issued following a trial on a preliminary question.
- Eilenberg v Lourdes Gutierrez  NZCA 270 (Court of Appeal),  NZSC 144 (Supreme Court): acting with Jim Farmer QC in proceedings to enforce a foreign judgment. Leave has been granted to appeal to the Supreme Court.
- Apia Construction & Engineering Ltd v Samoa National Provident Fund (Fisher, Panckhurst, Hansen JJ, Court of Appeal of Samoa, 15 September 2017): defending a substantial construction arbitral award against the Samoan Government from challenge.
- BDL v CB (Hon. W Brazil, N Kaplan QC, Sir Bernard Rix, 18 August 2017): acting with American attorneys for a New Zealand distributor in an international arbitration appeal held in California.
- Black & Johnstone v NZ Credit Fund (GP) 1 Ltd (High Court, 14 February 2017, Toogood J), Carolan v New Zealand Real Estate Credit Ltd (2017) 23 PRNZ 405 (High Court): acting for Cayman-based Torchlight Fund, high-profile investor George Kerr, and other entities, to repel applications brought by New Zealand Government agencies and an Australian investment fund to search court files.
- Carolan v New Zealand Real Estate Credit Ltd (High Court, 29 July 2016, Fogarty J): acting for 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. The judgment was issued in relation to an initial strike-out application.
- Bayly v Hicks (High Court, 16 December 2015, Wylie J): acting with Bruce Stewart QC in proceedings for the partition of a $30 million coastal farm in Northland. The High Court decision was appealed, and Jason settled the case with opposing counsel during an adjournment following the first day’s argument in the Court of Appeal.
- Yan v Commissioner of Police  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 separate litigation to 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 a major consignment of logs 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  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  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  NZAR 1233 (High Court): judicial review proceedings.
- Z Ltd v Offshore Incorporations (Samoa) Ltd and Samoa International Authority  WSCA 1 (Court of Appeal of Samoa): leading decision on company 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 televised.
- 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  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 Radio New Zealand panel discussion 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): acting for the New Caledonian rally team to obtain an injunction 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.