09 352 2040
021 632 066

bret@gustafson.co.nz

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20 years experience
in the High Court &
Court of Appeal

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My Services

  • Contractual Disputes

    Many of the matters I have advised on, and cases I have argued have involved commercial contracts:shareholder agreements; sale of businesses; franchise agreements; and security agreements are just some of the types of contracts I work regularly with.
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  • Insolvency

    A large part of my experience involves disputes and claims involving the administrators of insolvent companies and other trading entities
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  • PPSA Security Issues

    I have also specialised in advising and representing parties in claims involving the Personal Property Securities Act. This legislation is based on the Canadian PPSA legislation and the Uniform Commercial Code of the United States. I subscribe to the lexis databases for these jurisdictions and am very experienced in using the same. This asset and experience allows me access to many cases and articles on the area that opposing lawyers often do not have. This gives my clients a real advantage in assessing and advancing their cases.
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  • Negligence and breach of
    professional duty.

    Through out my career I have acted for parities in cases involving breach of  duty by accountants, lawyers and valuers. These have involved allegations of negligent misstatement, misleading conduct and breach of fiduciary duty. Often these instructions involve financial transactions causing loss to a lender and then an action against valuers or solicitors involved in those transactions. 
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About Me

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Bret and Max Gustafson take timeout to fish at Ti Point Wharf. 
I commenced practice as a barrister and solicitor in January 1990.

From 1999 until to April 2009 I was a partner at Kensington Swan, Solicitors, and, for three years, was the national head of the litigation department of that firm.  In April 2009 I moved from practice as a barrister and solicitor to practice as a barrister sole.  I retired from the Kensington Swan partnership and set up chamber a stones throw from the Auckland High Court. In April 2013 I moved my Chambers to the 31st Floor of the Vero Centre in Shortland Street.

My specialty area is commercial litigation with an emphasis on insolvency, securities, professional negligence (in particular valuers) and contractual disputes.

I have appeared as counsel in over 30 trials, appeared before the Court of Appeal on 8 appeals, and appeared and succeeded in two high profile cases in the Privy Council and the Supreme Court respectively.

I was also counsel for one of the named parties in the Wine box Commission of Inquiry that ran for more than a year. 

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LEVEL 31, VERO CENTRE,  48 SHORTLAND STREET,  AUCKLAND, NEW ZEALAND 

PO BOX 1297 SHORTLAND STREET,  AUCKLAND, 1140 

TEL 64 9 352 2040  MOB 021 632-066   bret@gustafson.co.nz