Joshua Pietras
Barrister
Selected Cases
Below is a selection of cases that have resulted in a court judgment. However, a significant portion of the cases that I have been involved with have settled out-of-court, and that is often where the best results are achieved. The nature of litigation is such that I have been involved in cases that have not always gone the client's way. When you engage a barrister, it is important to seek balanced information about that person's track record and experience. This should involve an assessment of both the wins and the losses.
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New Zealand Rugby Union Inc v Australian Rugby League Commission Ltd & PNG Chiefs Ltd [2026] NZHC 3220 - acted for NZR in application for interim injunction to restrain the use of 'PNG Chiefs' or the Chiefs' by the NRL / PNG Chiefs in New Zealand (junior counsel to Earl Gray).
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Simpson v Ellis [2026] NZHC 2965 - application to set aside judgment by default arising from a failure to settle the purchase of a property.
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Re Rogers [2026] NZHC 623 - successful application for Public Trust to validate and correct an unsigned Will.
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Ngan v Lowe [2026] NZHC 519 - acted as lead counsel in the first fraudulent calumny case in New Zealand. Four day trial involving concurrent claims under the Law Reform (Testamentary Promises) Act 1949.
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Phillips v Heremaia [2025] NZCA 394 – acted as sole counsel for the appellant in a complex appeal against a costs decision involving allegations of misappropriation by an executor and her husband.
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Everiss v Long [2025] NZHC 1165 - unsuccessfully opposed to application for adjournment of 3 day trial in complex trust dispute, but with an order that the current trustees be removed from office, and no costs order made against my client.
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Southgate v Cameron [2025] NZHC 1968 – successful application by children of deceased for orders bypassing their step-mother as named executor due to concerns around misappropriation of estate and trust assets. Independent executor appointed by the Court.
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Elliston v Elliston [2025] NZHC 417 – successful application by deceased's son to validate his mother’s unsigned will under section 14 of the Wills Act 2007.
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TNL International Limited v Bullocks & Ors [2025] NZHC 564 and [2025] NZHC 1232 - acted for an NZX Listed company in a commercial shipping dispute, including successfully defending an application to set aside settlement privilege.
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X v Y [2024] NZFC 6665 successful application for interim distribution of relationship property.
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Ugone v Biggs [2024] NZEmpC 48 - obtained a compliance order and $20,000 fine against a company director for repeated breaches of court orders.
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Mutingwende v Peterson Hodge CIV-2021-485-386 – acted for the plaintiff in defamation proceedings involving serious allegations of criminal conduct. Case settled one day before commencement of 10 day trial in February 2024, with a positive outcome for our client. [2022] NZHC 540 (formal proof decision) and [2023] NZHC 488 (strike out decision).
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W v N [2023] NZDC 24181 - successfully defended an application brought by an ex-husband against his ex-wife. Costs awarded against ex-husband despite being legally aided.
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TP v SB [2023] NZHC 1503 - successfully opposed an application for a writ of habeas corpus in the context of a bitter custody dispute.
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Body Corporate 68792 v Memelink [2023] NZHC 3850 – successfully obtained a rare restraining order under section 166 of the Senior Courts Act 2016 to prevent a notorious self-represented litigant from bringing proceedings against a Body Corporate for three years.
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Body Corporate 68792 v Memelink [2023] NZHC 3637 - successfully opposed application to remove the Court appointed statutory administrator of a dysfunctional body corporate.
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Official Assignee v Memelink [2023] NZHC 3044 - acted for a creditor in a 3-day long public examination of a notorious bankrupt.
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Purucker v Huebler [2023] NZHC 2246 – lead counsel in a five day civil trial involving the recovery of misappropriated funds from her book-keeper. Successfully challenged validity of separation agreement between the book-keeper and her husband as a fraudulent device. Recovered over $1 million for the plaintiff.
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Pacific Crest Limited v McDonald [2023] NZDC 20831 - two day trial in the District Court over recovery of an asset finance loan.
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Estate of Marlayne Clarke [2023] NZHC 3341 – acted for Public Trust in obtaining approval of a charitable scheme under section 35 of the Charitable Trusts Act 1957.
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Public Trust v White [2023] NZHC 1608 – acted for Public Trust in a solemn form application involving allegations of undue influence and lack of testamentary capacity, resolved with consent orders.
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Public Trust v Fairbairn [2023] NZHC 2605 – acted for Public Trust in successful formal proof hearing to validate unsigned Will and obtain probate in solemn form. Led evidence from a senior employee of Public Trust.
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Redcoats v Day & Anco Realty Ltd [2023] NZHC 1502 - successful application for injunction against a real estate agent for breach of restraint of trade.
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Thavarag v Willis Street Parking Limited [2023] NZHC 105 - successful appeal against District Court's decision to enter summary judgment against tenant of a commercial lease.
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Dunatjschik v Garnham [2022] NZHC 2467 - acted for the Defendant in an opposed summary judgment over a $6 million subdivsion in Wanaka.
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Hingston v Hingston [2022] NZCA 568 – successful appeal against High Court’s finding of undue influence claim involving a 10 year dispute over a trust owned property (junior counsel).
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Memelink v Official Assignee & McKinley [2022] NZHC 953 - acted for a creditor in successfully opposing the bankrupt's challenge to his creditor's claim.
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AG v KC [2022] NZFC 96 - successfully opposed an application for division of relationship property by invoking an unsigned Contracting Out Agreement under section 21H of the PRA 1976.
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Willis Street Parking Limited v Thavarag [2022] NZDC 15200 - successfully opposed an application for summary judgment in respect of a guarantee granted by the lessee.
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Hunt v Moriarty [2022] NZHC 2121 - acted for Mr Hunt in seeking a declaration that a large quantity of silver bullion had not been finally distributed from the estate to support an underlying Family Protection Act claim.
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Road Runner (2012) Limited v Memelink [2022] NZHC 346 - successful appeal against District Court decision on grounds of res judicata.
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Re Estate of Piper [2021] NZHC 534 - application to validate unsigned Will prepared during the COVID-19 lockdown.
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LR v DS [2021] NZFC 12657 - application for stay of proceedings in a complex Trans-Tasman relationship property dispute.
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Fleming, Evans, Fleming, & Silk v Crowley [2021] NZVSC 30 - successful application for compensation in the Victim Special Claims Tribunal.
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Hingston v Hingston [2021] NZHC 3621 - five day High Court trial defending various equitable causes of action (junior counsel).
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Pacific Crest Limited v McDonald [2021] NZHC 3072 – successfully sustained a caveat over a property owned by guarantors, notwithstanding that the property was owned by a family trust.
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Alexander v Alexander [2021] NZHC 3056 – acted for plaintiff beneficiary in High Court challenge to trustees’ right to indemnification for legal costs.
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Kellerman v Kellermann-Thornton [2020] NZHC 2297 - successful application to remove executor. Leading authority on reasonableness of executor's expenses.
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Sainty v Property Brokers Limited [2020] NZDC 16272 - summary judgment against property management company for negligence and breach of the Fair Trading Act 1986
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Delaney v Delaney [2020] NZHC 1830 - successful opposition to application for directions by trustee in respect of a M41 Walker Bulldog Tank and a military truck.
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Lane v Newby [2020] NZFC 2022 - successfully opposed an application for leave to bring a Family Protection Act claim out of time.
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Morrison v Maia-Netto [2019] NZDC 24524 - obtained a five year restraining order for the applicant, with costs awarded.
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Cousine v Perpetual Guardian [2019] NZFC 1318 - successful Family Protection Act claim based on life-long estrangement between the biological daughter and her deceased father.
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McKinlay v Wellington Cosmetic Clinic Limited [2019] NZERA133 acted for employer in three day hearing involving the intersection between a personal and employment relationship.
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Sila v Nanai-Leota [2018] NZHC 3163 - successful application for security for costs for constructive trust claim based on an alleged Samoan customary promise.
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Body Corporate 62870 v Health Distributors Holdings Limited [2018] NZHC 1717 - successfully opposed an application to stay liquidation proceedings and obtained indemnity costs.
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Mortimer v Matthews [2018] NZDC 3043 - appeal against Disputes Tribunal decision involving complex issues of consumer law under the Motor Vehicles Act 2003 and Consumer Guarantees Act 1993.