Jack Wass

Jack is a recognised expert on cross-border issues, including private international law (conflict of laws), public international law and arbitration. He has appeared in a number of the leading cases, and is often brought in to provide expert advice to New Zealand and overseas clients on these matters, and provide expert opinions for foreign proceedings.

His experience includes:

• Acting for plaintiffs and defendants in jurisdictional disputes, including in complicated international litigation involving proceedings in multiple countries
• Representing and advising clients in disputes over choice of law, including in contractual, tortious, equitable, statutory, consumer protection and relationship property issues
• Obtaining and resisting applications for urgent interim relief, including injunctions and freezing orders
• Enforcement of foreign judgments
• Advising on questions of sovereign immunity, act of state and non-justiciability
• Acting in multiple international arbitration

Cases include:

• Acting as counsel assisting the Employment Court on matters relating to name suppression with a cross-border element
• Establishing the application of the Consumer Guarantees Act 1993 to foreign manufacturers (Body Corporate No DPS 91535 v 3A Composites GmbH, Court of Appeal)
• Acting on the first stay of class action proceedings in New Zealand under the Trans-Tasman Proceedings Act 2010 (Whyte v a2 Milk Ltd, High Court)
• Acting in the first proceeding in New Zealand for payment of an Islamic dowry (Almarzooqi v Salih, High Court and Court of Appeal)
• Acting for the former Prime Minister of Georgia against Credit Suisse and its trust companies (Ivanishvili v Credit Suisse AG, High Court)
• Acting for a subsidiary of Johnson & Johnson, establishing that a representative personal injury claim was barred by issue estoppel and abuse of process, and also the leading case on the territorial scope of the Accident Compensation Act (McGougan v DePuy International Ltd, High Court and Court of Appeal)
• Representing the defendants in a leading case on jurisdiction over foreign land, and applicable law for constructive trust and restitution claims (Schumacher v Summergrove Estates Ltd, Court of Appeal)
• Acting for Commerce Commission in the leading case concerning the power of the New Zealand High Court to grant ex parte interim relief against foreign defendants (Commerce Commission v Viagogo AG, Court of Appeal)
• Successfully acting on the enforcement of a Bahraini judgment (Kuwait Finance House (Bahrain) BSC v Teece, High Court)
• Acting on an appeal to the Supreme Court against refusal to set aside arbitral award on the basis of invalid arbitration clause (Carr v Gallaway Cook Allan, Supreme Court)

Jack has extensive experience in general civil and commercial litigation.

• Commercial litigation:
  • Representing major hotel chain in litigation over hotel investment in Tonga
  • Acting in dispute over application of voidable preference provisions in the Property Law Act 2007 and Companies Act 1993 to Ponzi schemes (McIntosh v Fisk, Court of Appeal)
  • Acting in a successful claim under Deed of Company Arrangement for Solid Energy (Gibson v Mobil Oil New Zealand Ltd, High Court)
  • Obtaining urgent ex parte interim orders in relation to management of a company
  • Acting in a dispute over commission on the sale of a telecommunications business (Prophecy Networks Ltd v Revera Ltd, High Court)
  • Acting in insurance coverage dispute (Crystal Imports Ltd v Allianz NZ Ltd, Court of Appeal)
  • Acting for plaintiff in complex negligence claim (Jojaro Investments Ltd v ASB Bank Ltd, High Court)
  • Acting for engineering company in dispute over option to purchase (Technix Group Ltd v Fitzroy Engineering Group Ltd, Court of Appeal)
  • Multiple successful applications for summary judgment

• Regulation and compliance:
  • Advising multinational food and beverage company on Australian and New Zealand food regulation compliance
  • Advising beverage company on regulatory compliance
  • Advising on compliance with Anti-Money Laundering and Countering Financing of Terrorism Act 2009
  • Acting for Commerce Commission intervening in dispute over electricity regulation (Vector Ltd v Electricity Authority, Court of Appeal)
  • Successfully defending appeal against Commerce Commission decision on the price for Chorus' regulated copper services (Chorus Ltd v Commerce Commission, Court of Appeal)
  • Successfully defending appeal against Financial Markets Authority decision to decline application for approval as an Authorised Financial Adviser (Wood v FMA, District Court)
  • Advising on compliance with consumer legislation (including Consumer Guarantees Act 1993 and Fair Trading Act 1986)

• Public and criminal law:
  • Acting for Commerce Commission in judicial review of its report on Fonterra's milk price under Dairy Industry Restructuring Act 2001 (Open Country Dairy Ltd v Commerce Commission)
  • Successful application for judicial review of a university's decision to uphold a finding of plagiarism (Bell v Victoria University of Wellington, High Court)
  • Successful appeal to Supreme Court overturning criminal conviction for historic offences (L v R, Supreme Court)

Academic Qualifications

• Master of Law (First Class) (Cambridge)
  • 3 Verulam Buildings Prize for top mark in International Commercial Litigation
  • Sir Emlyn Wade Prize for First in LLM at Gonville & Caius College
• LLB (First Class Honours) and BA (Victoria University of Wellington

Professional roles and law reform

• Convener of a New Zealand Law Society standards committee which hears disciplinary complaints against lawyers
• Member of the New Zealand Law Society Law Reform Committee, presenting submissions to a number of parliamentary select committees, including on the Brokering (Weapons and Related Items) Controls Act 2018, the Private International Law (Choice of Law in Tort) Act 2017 (the submission acknowledged by several members of the House), and the  Arbitration Amendment Bill 2019 (his proposed amendment being adopted by the Committee and the House);
• Provided submissions and advice to the New Zealand Law Commission on several of its law reform processes concerning cross-border issues;

Publications

• The Conflict of Laws in New Zealand (LexisNexis, 2020) (with Maria Hook). This is the first comprehensive textbook on the subject in New Zealand, and has been cited with approval by the High Court, Court of Appeal and Supreme Court.
• "Jurisdiction by Estoppel and Acquiescence in International Courts and Tribunals" (2016) 86 British Yearbook of International Law.
  Multiple articles in the New Zealand Law Journal, including "Interim relief in support of foreign arbitrations and judicial proceedings" [2017] NZLJ 134; "The Employment Relations Act and its effect on contracts governed by foreign law" [2017] NZLJ 80 (with Maria Hook); "Reform of choice of law rules for tort" [2017]NZLJ 27 (with Maria Hook); "Contribution between solvent and insolvent tortfeasors" [2014] NZLJ 332.
• "The Situs of Insurance Debts" (2014) 20(4) New Zealand Business Law Quarterly 221.
• “The Court’s In Personam Jurisdiction in Cases Involving Foreign Land” (2014) 63(1) International and Comparative Law Quarterly 103.
• Butterworths Student Companion: Land Law (LexisNexis, Wellington, 2013)