09 352 2040
021 632 066

bret@gustafson.co.nz

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

Barrister 

TEL 64 9 354 3997   FAX 354 3996   

MOB 021 632-066

 

 bret@gustafson.co.nz