J Stephen Kós QC

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Stephen Kós QC is a prominent trial and appellate lawyer who has handled many high-profile, difficult commercial, environmental and other cases in New Zealand and overseas. These cases include Saxmere v Wool Board (allegations of judicial bias), counsel assisting Parliament's Privileges Committee hearing into pecuniary interests of the Rt Hon Winston Peters MP, Aoraki Water Trust v Meridian Energy (legal status of Meridian's Waitaki water permits), Methanex v Spellman (arbitration and natural justice), Yabaki v President of Fiji (relating to the dismissal of Fijian Prime Minister), Transpower v Meridian Energy (contractual status of "posted" terms), Grant v Victoria University (claim against a university for negligent teaching), Cousteau v Cousteau ("own name" passing off claim), Marlborough District Council v Tranz Rail ("fast ferries" wash enforcement action) and Attorney-General for Hong Kong v Reid (landmark Privy Council judgment holding that bribes are held on constructive trust for an employer). He has been senior counsel for the Crown in relation to Maui Gas Field issues since 1999. Stephen has appeared in the Privy Council in London four times, on each occasion successfully. Before joining the independent Bar in 2005, he was a senior litigation partner at Russell McVeagh and was Chairman of Partners of that firm from 2003-2005. A product of Victoria (LLB Hons, Chapman Tripp Prize, 1981) and Cambridge (LLM, 1985) Universities, he is Pro-Chancellor of Massey University, an Honorary Lecturer in Law at Victoria University, Chairman of the New Zealand Markets Disciplinary Tribunal (the stock exchange disciplinary tribunal), and an associate member of Shortland Chambers, Auckland.

  • Areas of Practice
    • Contracts
    • Regulatory and competition law
    • Energy
    • Banking and finance
    • Corporations and securities
    • Environmental law
    • Property and valuation law
    • Telecommunications and media law
    • Equity and restitution
    • Higher education law
    • Laws of Fiji
  • Admission to Bar
    • 1982
  • Academic Qualifications
    • 1985 - LLM (Cambridge)
    • 1981 - LLB (Hons) (Victoria University of Wellington)
    • 1981 - Chapman Tripp Prize (for top graduate in law)
  • Professional Career :
    • 2007 - Queen's Counsel
    • 2005 - Barrister sole
    • 2003 - 2005 Chairman of Partners, Russell McVeagh
    • 1988 - 2005 Litigation Partner, Russell McVeagh
    • 1986 - 1988 Litigation/Commercial Partner, Perry Castle
  • Appointments :
    • 2008 - Chairman, NZ Markets Disciplary Tribunal (the New Zealand stock exchange disciplinary body)
    • 2006 - Pro-Chancellor, Massey University
    • 2005 - 2009 Director, Wellington Waterfront Limited (City Council appointee)
    • 2005 - Honorary Lecturer, Victoria University
    • 2004 - Council member, Massey University (Government appointee)
    • 2003 - Moderator, Council of Legal Education New Zealand Law and Practice examinations
    • 2003 - 2005 Chairman, Massey University Foundation
    • 2003 - Faculty member, Advanced Litigation Skills course (NZ Law Society)
    • 2002 - 2008 Trustee, Blumhardt Foundation
    • 2002 - 2005 Trustee, Paremata School Board of Trustees
    • 1999 - 2002 Faculty member, Litigation Skills course (NZ Law Society)
    • 1997 - 2005 Hon Solicitor, Chartered Cubs of New Zealand Inc.
    • 1986 - 2004 Adjunct Lecturer, Victoria University (civil procedure, restitution and evidence, various years)
    • 1985 - 1997 Hon Solicitor, New Zealand University Students' Association Inc
  • Publications :
    • 2008 - Joseph & Chetwin (eds) Joint Ventures Law (co-author) (UCP)
    • 2007 - French et al, Law of Obligations: Contract in Context (NZLS)
    • 2005 - Berryman Kós & Watts, Contractual Remedies (NZLS)
    • 2003 - Blanchard (ed), Civil Remedies in New Zealand (Brookers) (co-author)
    • 2003 - Butler (ed), Equity & Trusts in New Zealand (Brookers) (co-author)
    • 2000 - Cull & Kós, Emergency Relief (NZLS) (also 1996)
    • 1990 - Kós & Watts, Unjust Enrichment - The New Cause of Action (NZLS)

    Various articles published in the NZLJ, Criminal Law Journal and VUW Law Review. One, on the diplomatic history of New Zealand's opposition to French nuclear testing, was subsequently cited with approval by the ICJ in New Zealand v France [1995] ICJR 288.

  • Notable Cases :
    • Saxmere Co Limited v Wool Board Disestablishment Co Limited (2009, SC NZ) senior counsel for respondent in an appeal alleging apprehended bias by Court of Appeal (Judge holding commercial interests with one counsel; disclosure made by Court but alleged to be incomplete)
    • Central Plains Water Trust v Ngai Tahu Property Ltd (2009, SC NZ) senior counsel for Meridian Energy, intervening in appeal regarding priority as between competing resource consent applications (whether determined by which application is lodged first, by which is first ready for notification, or by some other test)
    • Inquiry concerning the Rt Hon Winston Peters MP (2008, Privileges Committee of Parliament) senior counsel assisting the Privileges Committee concerning compliance with Standing Orders obligations to declare pecuniary interests (receipt of donations to fund litigation costs)
    • Kain v Hutton (2008, SC NZ) senior counsel for the appellants in leading trusts case regarding powers of advancement and appointment, and principles relating to fraud on a power
    • Powerco Limited v Commerce Commission (2008, CA NZ) senior counsel for the Commerce Commission in appeal relating to imposition of price control on a gas distribution business under Part 4 of the Commerce Act
    • Bradbury v Westpac Banking Corporation (2008, HC NZ) senior counsel for defendants sued for breach of an alleged retainer agreement by their former solicitors (plaintiffs' case collapsed on day 7 of trial; record indemnity costs awarded against them)
    • Westpac Banking Corporation v Commissioner of Inland Revenue (2008, HC NZ) senior counsel for three leading trading banks in declaratory proceedings relating to alleged liability under Unclaimed Money Act for foreign drafts and bank cheques not presented by payees or indorsees
    • Ngati Awa v Attorney-General (2008, HC NZ) senior counsel for applicant for judicial review of Crown decision to transfer land to a district council under s 50 of the Public Works Act
    • Transpower North Island Grid Upgrade (2007-2008, Board of Inquiry) senior counsel for Transpower in applications for notices of requirement under the Resource Management Act to build a new transmission line from the central North Island to Auckland (called in by the Minister for the Environment for consideration by a Board of Inquiry)
    • Woolworths Limited v Commerce Commission (2007, HC NZ) senior counsel for the Commerce Commission in appeal against the Commission's refusal to grant clearances to enable incumbent supermarket chains to acquire a new entrant operator
    • KT1 Co v Attorney-General (2006, CA NZ) Senior counsel for Te Runanga o Ngati Awa, second respondent to appeal by owners of Kaingaroa Forest cutting rights concerning inter-licence access issues
    • Air Pacific Limited v Air Fiji Limited (2006, CA Fiji) Senior counsel for Air Pacific in competition proceedings in Fiji relating to the right of Fiji's international airline to commence domestic operations
    • Port Denarau Marina Limited v Tokomaru Limited (2006, CA Fiji) Senior counsel for Port Denarau in pivotal proceedings regarding rights of non-residents generally to lease or purchase land in Fiji under the Land Sales Act (Fiji)
    • Re Mackenzie Irrigation Company Limited (2006, HCt NZ) Senior counsel for applicants for judicial review against decision of Waitaki Catchment Water Allocation Board's approval of the Waitaki catchment water allocation regional plan
    • Toll NZ Consolidated Limited v Marlborough District Council (2006, ECt NZ) Senior counsel for Toll in Environment Court references concerning variations to the Marlborough District Council's proposed resource management plan introducing speed controls for conventional ferry vessels in the Marlborough Sounds
    • Contact Energy Ltd v Electricity Commission (2005, HCt NZ) Senior counsel for Meridian Energy, second plaintiff in judicial review challenging validity of consultation process engaged in by Electricity Commission over new industry charges for the HVDC link between Benmore and Haywards
    • Contact Energy Ltd v Attorney-General (2005, Privy Council) Senior Counsel for Crown in appeal by Contact over calculation of Crown margin payments for Maui Gas
    • Aoraki Water Trust v Meridian Energy Ltd (2004, HCt NZ) Senior Counsel for Meridian Energy in challenge by irrigation interests to status of Waitaki Valley resource consents held by generators
    • Methanex v Spellman (2004, CA NZ) Senior Counsel for Crown (respondent) in appeal by Methanex against striking out of its proceeding challenging independent expert determination of Maui Gas Field reserves
    • Parkin v Tararua District Council (2004, DCt NZ) Senior Counsel for informant in private prosecution for criminal nuisance for failure to maintain regional roads in a safe condition
    • Air Pacific Ltd v FAWA (2003, CA Fiji) Senior Counsel for Air Pacific in first major redundancy case to be heard in Fiji courts
    • Re TrustPower Ltd (2003, HCt & Takeovers Panel) Senior Counsel for Australian Gas Light Company in determination proceeding before Takeovers Panel concerning proposed buyback scheme of TrustPower shares (and thereafter in settled High Court proceedings)
    • Yabaki v President of Fiji (2003, CA Fiji) Senior Counsel for Citizens Constitutional Forum of Fiji in declaration proceedings challenging dismissal of Fijian Prime Minister (pro bono)
    • Baxter v RMC Group plc (2003, HCt NZ) Senior Counsel for RMC Group plc in successful defence of fraud proceedings brought in New Zealand
    • Electricity Generation Board Ltd (2002, Commerce Commission) Senior Counsel for applicant obtaining authorisation for establishment and rules governing a new wholesale electricity market in New Zealand
    • Bagnall v Mobil Oil New Zealand Limited (2002, Privy Council) Senior Counsel for respondent in contract proceedings arising from the Wellington Street Motor Races
    • Transpower Ltd v Meridian Energy Ltd (2001, HCt NZ) Counsel for Meridian in proceedings establishing that "posted terms" for transmission services were not contractually binding if clearly rejected (notwithstanding subsequent use of transmission facilities)
    • Sunflower Services Ltd v Unisys New Zealand Ltd (1998, Privy Council) Counsel for appellant in lease "ratchet clause" appeal to Privy Council
    • Grant v Victoria University of Wellington (1998, HCt NZ) Senior Counsel for students suing University for negligent teaching in precedent case (pro bono)
    • Tranz Rail Ltd (1997, Commissioners) Counsel for Tranz Rail in application before special commissioners to develop Clifford Bay inter-island ferry port and terminal
    • Alabaster v Parkin (1997, CA NZ) Counsel for owners of Museum Hotel in partnership action brought following shift of 2,000 tonne hotel across Wellington waterfront
    • Cousteau v Cousteau (1996, HCt Fiji) Senior Counsel for Capt. Jacques Cousteau in "own name" intellectual property dispute over son's use of family name in association with a tourist resort
    • "Fast Ferries" Case (Marlborough District Council v Tranz Rail Ltd) (1995, EnvCt) Senior Counsel for Tranz Rail in RMA enforcement application to stop or slow down "fast ferries"
    • Attorney-General for Hong Kong v Reid (1993, Privy Council) Counsel for Hong Kong Government in landmark appeal establishing that bribes are held on constructive trust for the employer
    • Attorney-General v Maui Development Ltd (1987, CA NZ) Counsel for NZ Government in the Maui "post facto review" proceedings (then, at $1.6 billion, the largest claim brought in the New Zealand courts)
    • Mayfair v Pears (1986, CA NZ) Counsel for appellant in leading common law authority on remoteness of damage principles for intentional torts

Email : stephen.kos@stoutstreet.co.nz
Direct Dial : +64 4 472 9026
Fax: +64 4 472 9027
Mobile : +64 27 4577 111
Postal : PO Box 117, Wellington