LawFuel.co.nz - Legal Jobs, Law Jobs - The stinging criticism leveled at the New Zealand court system from Tony Molloy QC continued a theme that has been mounting for some time from senior commercial lawyers worried at New Zealand's court system being sidelined by major corporates.

NBR's "Briefcase" columnist John Bowie wrote today that although not seeking to go on the record, senior commercial lawyers echo the Molloy comments and express concern over the variable quality of some New Zealand judicial decision-making.

Molloy's comments related to the country losing its reputation as a jurisdiction that could be trusted by those seeking to litigate and resolve commercial and equity matters, in particular. He said there were “systemic” problems in the way judicial management and implementation occurs, with judges allocated “like cabs off a rank”. Fellow barrister Anthony Grant has hammered via the New Zealand Lawyer magazine and elsewhere.

"Senior commercial lawyers I’ve spoken to have indicated that the controversy surrounding former Supreme Court Judge Bill Wilson, which highlighted the cosy extra-judicial connections between members of the judiciary at the highest level and senior barristers, coupled what they said were some “surprising” judicial decisions on key matters affecting overseas institutions investing in New Zealand, have lead to serious questions about the independence and capabilities of the New Zealand judiciary," Bowie wrote.

The lawyers claim that overseas corporations are preferring to avoid New Zealand as a country in which to resolve their disputes because they’re fearful of the unpredictability and seemingly illogicality of some judicial decision-making, together with the ‘closeness’ of some of those involved in the judiciary. They worry about the limited pool of very talented lawyers and the generalist approach that has been taken to judicial work.

"Cities like Singapore and Sydney are perceived by overseas corporates to offer world class disputes resolution capabilities, recognized by those sitting in London, Frankfurt or New York – or even in Sydney or Melbourne – as being geographically close enough to Auckland or Wellington, which is not helping the New Zealand cause.

"If New Zealand intends developing an economic model for future growth based on a robust, fair and reliable judicial system, as the Prime Minister and others have advocated, then it is certainly time to look at overhauling the current system, the lawyers say."

ENDS

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