Tom Pasley

Senior Associate

Tom is a senior member of our litigation and arbitration practice and an experienced barrister and advocate. He appears in the courts at all levels, in arbitrations, and before specialist tribunals.

Tom graduated LLB (Hons) from the University of Auckland in 2011. He joined Bell Gully and worked in the firm's litigation department for 5 years, during which he completed an LLM (Hons) in Commercial Law (professional negligence) at the University of Auckland under the supervision of Professor Peter Watts QC. Tom then practised as a junior barrister at Bankside Chambers before joining Lowndes Jordan in 2017 as a senior associate in its litigation department.

Tom focuses on commercial disputes, with particular expertise in complex contractual disputes, company and securities law, banking and finance disputes, competition law, regulatory investigations (for example, Commerce Commission and Financial Markets Authority), professional negligence, and class actions. He is also well-versed in trust, estate, and relationship property law, and has litigated a number of disputes in these areas. Pre-dispute Tom regularly assists clients and senior barristers with strategy and dispute management.

Examples of Tom’s recent cases include:

Commerce Commission: defending a multi-national retailer in ongoing proceedings brought by the Commerce Commission under the Fair Trading Act 1986.

Contract warranty claim: Acted for Pernod Ricard in the High Court and Court of Appeal in a successful claim against Lion Nathan and successful defence of Lion’s counterclaims arising from the sale of Montana and a number of its brands, assets, and shares to Lion Nathan.

Defence of class action prospectus liability claim: Acted in the High Court and Court of Appeal for the former directors of Feltex Carpets in defending an ongoing prospectus claim brought by a group of investors.

Defence of class action claim: Acted for ANZ Bank in defence of class action proceedings brought by customers over the charging of certain account and credit card fees.

Overseas Investment judicial review challenge: Acted for the Crafar Farms Independent Purchaser Group in its successful judicial review of the New Zealand Government's decision to grant consent under the Overseas Investment Act for Shanghai Pengxin to acquire the Crafar Farms.

Commerce Commission: Acted for Air New Zealand in its defence of proceedings brought against it (and other airlines) by the Commerce Commission alleging price-fixing in the air cargo market.

Commerce Commission: Acted for a New Zealand bank in relation to Commerce Commission allegations that the Bank’s rural interest rate swaps amounted to misleading and deceptive conduct under the Fair Trading Act 1986.

PwC - Bridgecorp Limited (In Receivership): Acted for the receivers of Bridgecorp Limited (In Receivership) on a number of litigation matters including proceedings issued against directors, insurance claims and realisation of property.

Nathans Finance (In Receivership): Acted for receivers in bringing claims against directors and auditors of collapsed New Zealand finance company Nathans Finance NZ Limited (In Receivership).

Reinsurance Arbitration: Acted for R+V Versicherung AG, a large international reinsurance company, in arbitral proceedings and arising out of the Canterbury earthquakes.


CONTACT

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Charlotte Parsons

Tom Pasley LLB (Hons), LLM (Hons) (Commercial Law)

Senior Associate

Tom is a senior member of our litigation and arbitration practice and an experienced barrister and advocate. He appears in the courts at all levels, in arbitrations, and before specialist tribunals.

Tom graduated LLB (Hons) from the University of Auckland in 2011. He joined Bell Gully and worked in the firm's litigation department for 5 years, during which he completed an LLM (Hons) in Commercial Law (professional negligence) at the University of Auckland under the supervision of Professor Peter Watts QC. Tom then practised as a junior barrister at Bankside Chambers before joining Lowndes Jordan in 2017 as a senior associate in its litigation department.

Tom focuses on commercial disputes, with particular expertise in complex contractual disputes, company and securities law, banking and finance disputes, competition law, regulatory investigations (for example, Commerce Commission and Financial Markets Authority), professional negligence, and class actions. He is also well-versed in trust, estate, and relationship property law, and has litigated a number of disputes in these areas. Pre-dispute Tom regularly assists clients and senior barristers with strategy and dispute management.

Examples of Tom’s recent cases include:

Commerce Commission: defending a multi-national retailer in ongoing proceedings brought by the Commerce Commission under the Fair Trading Act 1986.

Contract warranty claim: Acted for Pernod Ricard in the High Court and Court of Appeal in a successful claim against Lion Nathan and successful defence of Lion’s counterclaims arising from the sale of Montana and a number of its brands, assets, and shares to Lion Nathan.

Defence of class action prospectus liability claim: Acted in the High Court and Court of Appeal for the former directors of Feltex Carpets in defending an ongoing prospectus claim brought by a group of investors.

Defence of class action claim: Acted for ANZ Bank in defence of class action proceedings brought by customers over the charging of certain account and credit card fees.

Overseas Investment judicial review challenge: Acted for the Crafar Farms Independent Purchaser Group in its successful judicial review of the New Zealand Government's decision to grant consent under the Overseas Investment Act for Shanghai Pengxin to acquire the Crafar Farms.

Commerce Commission: Acted for Air New Zealand in its defence of proceedings brought against it (and other airlines) by the Commerce Commission alleging price-fixing in the air cargo market.

Commerce Commission: Acted for a New Zealand bank in relation to Commerce Commission allegations that the Bank’s rural interest rate swaps amounted to misleading and deceptive conduct under the Fair Trading Act 1986.

PwC - Bridgecorp Limited (In Receivership): Acted for the receivers of Bridgecorp Limited (In Receivership) on a number of litigation matters including proceedings issued against directors, insurance claims and realisation of property.

Nathans Finance (In Receivership): Acted for receivers in bringing claims against directors and auditors of collapsed New Zealand finance company Nathans Finance NZ Limited (In Receivership).

Reinsurance Arbitration: Acted for R+V Versicherung AG, a large international reinsurance company, in arbitral proceedings and arising out of the Canterbury earthquakes.


UPDATES

Relevance of pre-contractual negotiations in contractual interpretation
02 August 2017

Changes to Commerce Act 1986 seek to enhance competition
05 July 2017