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Recent Cases




I have appeared as counsel in following recent cases


I estimate I have appeared in over 30 trials as counsel, an 18 month long Royal Commission of Inquiry as counsel, 5 Court of Appeal hearings and over 40 interim injunctions.


In this list I have not included older notable cases such as the Privy Council case of Dymocks Franchise Systems Pty Limited v Todd 1 All ER 2005 (see above). 

Below are some of the cases I have been counsel in in the last 4 years. 


Supreme Court


Browne v Petterson [2016] NZSC 107


Iwas partially successful in opposing application for leave with Court declining leave to hear an appeal reversing factual findings and the interpretation of section 299.


Court of Appeal


Petterson v Browne {2016] NZCA 189


This appeal involved an appeal by the liquidator against the decision in the High Court involving interpretation of sections 292, 295, 296, 297 and 299 and also the liquidator successfully over turning findings of fact in the High Court.




High Court Christchurch


Petterson v Browne [2015] NZHC 1950

Actions under section 295, 297 and 299 of the Companies Act.


Interclean Industrial Ltd v Camp [2015] NZHC 3177

Interim injunction to restrain business seller from breaching a non competition warranty.

High Court Auckland

Horton v McKillen [2015] NZHC 3134

Challenge to Creditors compromise.

Whitford Properties Ltd (in rec and liq) v Bruce [2015] NZHC 1426

Interim injunction to freze assets.

Kenealy v Morton-Jones [2015] NZHC 297

Interim injunction and application to dissolve a partnership.

New Zealand Bloom Ltd v Cargolux Airlines International S.A.H [2015] NZHC 109


Decision about how damages are calculated against in anti-competitive.

FAI Money Ltd v Johnston [2014] NZHC 2075

Application for freezing orders.


Price v ASB Bank Ltd [2014] NZHC 1393

Application re conduct of a liquidation and action of ASB as secured creditor of the company in liquidation.

Eger Properties Ltd v DK Kelsey Ltd [2014] NZHC 1101

Successful opposition to freezing order sought on a pickwick basis.

FAI Money v Johnston [2014] NZHC 2075

This involved tracing the transfer of assets being moved allegedly to frustrate final judgment and obtaining a freezing order over the same.





Bret Gustafson


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