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Jason ZwiSenior Associate

LLB (Hons), BA (Otago University)
Barrister and Solicitor of the High Court of New Zealand

Litigation


Jason is an experienced commercial litigator who appears regularly in the High Court. He has also appeared in the Supreme Court and Court of Appeal and is well acquainted with resolving disputes in arbitration and mediation. Before joining Morrison Mallett, Jason was a junior barrister at a distinguished Auckland Chambers, prior to which he worked at the Serious Fraud Office and at a top-tier firm. He enjoys the challenge of complex litigation and is particularly focused on achieving pragmatic solutions for clients.


PROFESSIONAL EXPERIENCE
  • Company, shareholder and director disputes.
  • Wills and trusts disputes.
  • Contractual and general commercial litigation.
  • Property disputes, including commercial tenancy and conveyancing disputes.
  • Insolvency, liquidations and bankruptcies.
  • Regulatory investigations and white-collar crime.
  • Interim relief, including injunctions, freezing orders, leave to appeal applications and summary judgment.
  • Costs applications, including for indemnity costs.
IMPORTANT RECENT CASES INCLUDE:
  • Y&P NZ Ltd v Wang [2020] NZSC 21, [2019] NZCA 659, [2019] NZHC 2112 – success at Court of Appeal and High Court in obtaining and upholding orders for specific performance for the sale of four Auckland properties. The proceedings involved complex GST and evidence issues, including objections to expert evidence and interpreters. Successfully opposed leave to appeal at the Supreme Court (junior to Greg Blanchard QC)
  • Northlake Investments Ltd v Wanaka Medical Centre Ltd [2019] NZHC 3443 – successfully defended four causes of action at the Invercargill High Court over two weeks regarding a proposed agreement to lease, including equitable estoppel and quantum meruit claims. (junior to Michael Morrison)
  • Link Business Broking Ltd v Marvel Grill North Wharf Company Ltd [2019] NZHC 3051 – lead counsel in successful application to put defendant company into liquidation and oppose application to set aside statutory demand.
  • Mudajaya Corporation Berhad v Chua [2019] NZHC 1693 – successfully obtained leave to appeal a High Court judgment in respect of complex, multi-jurisdictional interim freezing orders under the Reciprocal Enforcement of Judgments Act 1934. (junior to Bruce Gray QC)
  • Scott v King [2019] NZHC 1526 – sole counsel in successful opposition to the grant of letters of administration in nisi.
  • Sayegh v Fermit NZ Ltd [2019] NZHC 552 – sole counsel on a successful application under the Companies Act 1993 to the High Court on behalf of a shareholder for provision of documents.
  • Kinara Trustee Ltd v Infinity Enterprises Ltd [2019] NZHC 1526 – acted for a successful claimant in a High Court trial regarding Land Transfer Act fraud and estoppel regarding an equitable easement on commercial premises. Also acted on a parallel arbitration before Rodney Hansen CNZM QC. (junior to Andrew Barker QC)
  • Yang v Lowndes [2018] NZHC 2298 – successfully opposed defendants’ application for split trial. The main proceedings settled after mediation. (junior to Greg Blanchard QC)
  • R v Ross [2018] NZHC 2552 – acting for the Serious Fraud Office in a nine-week jury trial regarding a complicated, multiparty $40 million mortgage fraud. A range of complicated evidential, procedural and charging/pleadings issues arose throughout the proceedings. (junior to John Dixon QC)
  • J v ASC1 [2018] NZHC 2706 – acting in an appeal for a lawyer found guilty of misconduct by the Lawyers and Conveyancers Disciplinary Tribunal. Also appeared at the Tribunal level [2018] NZLCDT 15. Name suppression was successfully maintained throughout proceedings. (junior to John Billington QC)
  • Yozin v NZGT [2018] NZHC 1390 – two-week High Court trial concerning the division of a complicated estate. The claims included testamentary promises, rectification and trust issues against the backdrop of complex land planning issues. (junior to Sandra Grant)
  • Rintoul Group Ltd v Far North District Council [2017] NZHC 1132, [2017] NZAR 797 – acting for a construction contractor in a successful claim against the Council for breach of process contracts in a tender process. The case involved issues of process contracts, implied terms and loss of chance. (junior to Sandra Grant)

Contact details

DDI +64 9 320 3313
MOB +64 21 116 0891
jason.zwi@morrisonmallett.co.nz



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