Craig is developing a broad commercial and civil practice in line with Chambers’ profile. He is particularly interested in the following areas:
- Banking and Financial Services
- Commercial Litigation
- Conflict of Laws and Jurisdiction
- Insurance and Reinsurance
- Professional Negligence
- Civil Fraud
BA Psychology, University of Auckland (NZ)
LLB(Hons), University of Auckland (NZ) (top 3 students in year)
BCL, St Hugh’s College, Oxford
MPhil Law, Brasenose College, Oxford
BVC, BPP Law School (4th in year)
Craig’s postgraduate research was concerned with the law of restitution / unjust enrichment and is supervised by Professor Andrew Burrows. Subjects included were mistaken payments, payments of another’s debt, the defence of ministerial receipt, contractual benefits conferred on third parties and knowing receipt.
Prizes & Scholarships
- Megarry Scholarship (Lincoln’s Inn, 2008)
- Buchanan Prize (Lincoln’s Inn, 2008)
- Lord Denning Scholarship (Lincoln’s Inn, 2006)
- Hardwicke Entrance Scholarship (Lincoln’s Inn, 2006)
- Spencer Mason Travelling Scholarship in Law (Auckland District Law Society, 2004)
- Senior Scholarship in Law (University of Auckland, 2003)
- Chapman Tripp Research Scholarship (University of Auckland, 2002)
- Winner (representing NZ), Louis M Brown International Client Counselling Competition (Glasgow, 2004)
- Winner (representing Auckland), Mallesons Stephen Jacques Client Interviewing Competition (Brisbane, 2003)
Craig regularly appears in County Courts and the High Court. In addition to being led in two High Court trials and an appeal to the Court of Appeal, Craig has appeared as sole counsel in a number of fast track and multi track trials and appeals, as well as numerous interlocutory applications.
Banking and Finance
Craig regularly appears on behalf of major banks in relation to a wide range of matters including the enforcement of loans and guarantees, possession claims, asset financing and enforcement of hire purchase agreements, consumer credit work, and “bank charges” cases.
Craig is currently instructed (with Tim Howe QC) by a major foreign bank in a Commercial Court claim against an International Central Securities Depository for negligently refusing to accept a particular security as collateral immediately prior to the insolvency of the counterparty.
Craig is currently instructed (with Richard Coleman) by the Office of Fair Trading in respect of an appeal by a sub-prime lender to the First Tier Tribunal (Consumer Credit) against the OFT’s determination to revoke the lender’s consumer credit licence. Following a two day hearing of preliminary issues in November 2010, the appeal (by way of rehearing) is set down for a 3–4 week trial in July to August 2011.
Craig is currently instructed (as sole counsel) by a stockbroker in a High Court claim arising out of a disputed conversion of nil paid rights into shares.
Craig is currently instructed (as sole counsel) by a retail bank in a High Court claim to recover in excess of £11 million under various guarantees.
Craig is currently instructed (as sole counsel) by a major retail bank in a High Court claim to recover a mistaken duplicate payment made to a South African bank account.
Craig is currently instructed (as sole counsel) by an asset financing division of a major retail bank in a number of High Court claims against company directors or third parties arising out of the conversion of assets where the assets being financed under hire purchase agreements have been disposed of prior to termination of the agreements.
Craig is currently instructed (as sole counsel) by an asset financing division of a major retail bank in a multi track County Court claim concerning the recovery of twelve vehicles from a third party storage site purporting to exercise a contractual lien over the vehicles.
Craig successfully represented (as sole counsel) a major retail bank in a claim that the bank had surrendered its security in respect of all sums above the current valuation of the security by participating in an Individual Voluntary Arrangement. Craig also acted (again as sole counsel) in the bank’s successful defence of an appeal.
Craig acted (as sole counsel) for a major retail bank in successfully defending a claim for harassment in relation to its recovery of a mistaken payment by court proceedings and other debt collection activities. Craig has also advised or acted in a number of similar matters involving potential harassment claims against creditors.
Craig represented the Claimants in a six day Commercial Court claim (along with Tim Howe QC and Tamara Oppenheimer) by the seller of a luxury superyacht in respect of a broker and sub-broker’s claim for commission arising out of the sale: Berezovsky v Edmiston & Co Ltd  EWHC 1883 (Comm);  1 Lloyd’s Rep 419.
Craig also acted (led by Luke Parsons QC) in the Claimants’ successful appeal to the Court of Appeal against Field J’s decision on quantum. As a result of the appeal, the commission awarded to the broker was reduced by €1.2 million: Berezovsky v Edmiston & Co Ltd  EWCA Civ 431.
Craig represented the Second Defendant in a five day High Court trial (led by Craig Orr QC) in a claim involving an allegation of a conspiracy to sell non-existent Olympics tickets: Wirecard Bank AG v Scott & Ors  EWHC 451 (QB).
Conflict of laws and jurisdiction
Craig has advised on jurisdiction and choice of law issues in several cases concerning mistaken payments made to foreign recipients.
Craig is currently instructed (as sole counsel) in respect of a potential claim by a group of purchasers of properties in a foreign development against their former English solicitors.
Craig represented (with Simon Browne-Wilkinson QC) a financier in relation to a breach of contract claim arising out of a joint venture agreement to purchase four 747 aircrafts. The intended Defendant settled the claim prior to the commencement of proceedings.
Craig has represented and advised airlines in a wide range of aviation matters including claims under EC Regulation 261/2004 and the Montreal Convention.
‘Should consideration be required for the variation of contracts?’ (2002) 9(3) Auckland University Law Review 883
‘The demise of consideration for contract variations – Antons Trawling Co Ltd v Smith  2 NZLR 23’ (2003) 9(4) Auckland University Law Review 1386
‘Justifying Private Law Remedies (book review)’  Restitution Law Review 248
Secondment to Matthew Arnold & Baldwin LLP (September 2009)
Admitted as a Barrister & Solicitor of the High Court of New Zealand (2003)
Junior Barrister (pupillage equivalent), Shortland Chambers (Auckland, 2004)
Summer Clerk & Law Graduate, Russell McVeagh (2002–3)
Tutor in Equity & Trusts, University of Auckland (2002–3)
Craig enjoys running, cricket, literature and travel, and is a keen All Blacks supporter.