Josh is a leading commercial barrister who has established a pre-eminent practice in complex commercial litigation, construction disputes, and technology-related matters. His expertise extends to high-stakes property and trust litigation, regulatory proceedings, and significant infrastructure disputes across multiple jurisdictions.
Called to the Bar in 1998, he regularly appears as lead counsel in New Zealand’s superior courts, including the Supreme Court, Court of Appeal and High Court, as well as in international arbitrations and courts throughout the Pacific region. His recent work includes substantial commercial property disputes, complex trust litigation, and major construction arbitrations, frequently involving intricate technical evidence and novel points of law.
Prior to establishing his independent practice in 2010, he worked at leading law firms in London, Sydney and Auckland. This international experience continues to inform his approach to multifaceted cross-border disputes and complex commercial matters.
Consistently recognised as a leading practitioner in Chambers and Partners Asia Pacific and Global guides, and recommended in Doyle’s Guide as a leading construction and infrastructure law barrister, he maintains an active practice across multiple jurisdictions, being admitted in New Zealand, New South Wales, Tonga, and Samoa.
Beyond his practice, Josh serves as chair of the New Zealand Bar Association’s Audit and Risk Committee and is a trustee of the Backcountry Trust, which has facilitated the restoration of over 250 backcountry huts and the development of more than 1,000 kilometers of walking and mountain bike tracks throughout New Zealand, preserving vital recreational infrastructure for future generations.
OHL LTD V PREMIER PROPERTY DEVELOPMENTS LTD [2024] NZCA 422
Successful appeal concerning misrepresentation in commercial property sale. Vendor failed to disclose tenant’s non-payment of rent, materially affecting property’s risk profile and value. Significant for confirming that capitalisation rates must reflect true tenancy risk, and that vendors cannot rely on succession of partial disclosures to avoid liability.
SAM PEMBERTON CIVIL LIMITED V ROBERTSON [2024] NZHC 272
Judicial review of construction adjudication determinations concerning extensions of time and liquidated damages. High Court declined review, finding adjudicator’s approach to limitation periods and costs awards appropriate in context of Construction Contracts Act 2002 dispute resolution scheme. Complex construction delay claims better resolved through arbitration than judicial review.
APARTMENTS REMEDIATION ARBITRATION (2024)
Major arbitration concerning weathertightness warranty claims for apartment complex. Key issues included interpretation of weathertightness warranty obligations, whether design defects excluded, interaction between warranty and build-only contract obligations. Significant decision on contractor’s liability for defects despite claims that owner had supplied the designs.
NORTHLAKE INVESTMENTS LTD V CIVIL CONSTRUCTION LTD [2023] NZHC 2715
Construction dispute concerning whether engineer’s decisions under NZS 3910:2013 were final and binding despite subsequent adjudication determination. Important analysis of Construction Contracts Act 2002’s adjudication regime and its relationship with contractual dispute resolution processes.
LEGLER V FORMANNOIJ [2022] NZCA 607
Trust law case examining whether appointment of corporate trustee under settlor’s sole control constituted fraud on power of appointment. Important analysis of fiduciary duties in trustee appointments and interaction between trust deed restrictions on self-dealing and corporate trustee provisions. Court split on whether improper purpose established.
SUBMARINE CABLE INTERCONNECTIONS ARBITRATION (2022)
International arbitration concerning interpretation of submarine cable construction and maintenance agreement between Pacific telecommunications operators. Key issues included scope of interconnection obligations between cable systems, regulatory compliance requirements, and calculation of fees for cable landing station access. Significant decision on infrastructure sharing in Pacific telecommunications.
MO V YANG [2022] NZCA 573
Appeal concerning property development ventures and disputed investment contributions. Court found constructive trusts arose in favour of investors for developments, rather than money had and received. Clarified interaction between resulting and constructive trusts where post-purchase contributions made.
ROONEY EARTHMOVING LTD V INFINITY FARMS LTD [2022] NZHC 2078
Application for orders restraining expert determination of construction dispute under NZS3915. Court held appointment invalid as expert determination process only available during “carrying out of contract works”, not years after contractor left site when defects discovered.
GREEN WAY LTD V MUTUAL CONSTRUCTION LTD [2021] NZHC 3029
Application for leave to appeal rescission of search order concerning alleged misappropriation of confidential information and copyright breaches. While search had secured documents, order was rescinded due to deficiencies in without notice application. Court declined leave to appeal, holding secured documents remained adequately preserved through independent solicitor oversight of discovery process.
INFRASTRUCTURE DEVELOPMENT COOPERATION ARBITRATION (2021)
Complex arbitration concerning shared infrastructure development between multiple property developers. Analysis of construction delays, cooperation obligations, and set-off rights. Key findings on interpretation of settlement agreements, contractual extensions of time, and equitable set-off in development contracts. Important guidance on developer cooperation duties.
INTELLIHUB LTD v GENESIS ENERGY LTD [2020] NZCA 344
Application for interim injunction concerning displacement of smart electricity metering fleet, whether serious question to be tried, test of causing loss by unlawful means in New Zealand, competing approaches in England and Canada.
NAPIER CITY COUNCIL v STUFF LTD [2020] NZHC 763
Application for injunction restraining Stuff from publishing confidential and privileged information obtained by inadvertent publication on Council website.
LONG CAPITAL HOLDINGS NZ LTD v JACKS POINT VILLAGE HOLDINGS NO 2 LTD [2020] NZCA 102, (2020) 20 NZCPR 939
Appeal against summary judgment, forfeiture of deposits paid under agreements to purchase blocks of development land in Queenstown.
TARGET PAINTERS & DECORATORS LTD v FEHL [2019] NZHC 3237
Application for judicial review of decision of an adjudicator on construction dispute, whether procedural or substantive unfairness.
DHC ASSETS LTD v ARNERICH [2019] NZHC 1695
Claim against director for breach of s 131 of Companies Act 1993, arising under a construction contract.
CAMERON v EVEREST CENTRAL INVESTMENTS LTD [2019] NZHC 2398
Application for interim injunction to stop construction of wall on property boundary adjacent to large retail development, whether consent agreement in relation to earlier resource consent was binding, meaning of “successor”, whether serious issue to be tried.
X v Y (2018)
Rent review arbitration concerning value of freehold property in Parnell and the appropriate rental return. Whether arbitrator bound by earlier valuation methodologies. Whether freehold value could include assessment of market appetite for leasehold apartments.
FULLERS BAY OF ISLANDS v OTEHEI BAY HOLDINGS LTD AND MINISTER OF CONSERVATION (2018)
Judicial review. Whether Minister of Conservation’s decision to grant concession for lease on Urupukapuka Island was lawful. Minister conceding decision was unlawful and agreeing to lease being declared unlawful and void.
WARD EQUIPMENT LTD v PRESTON [2018] NZCCLR 15 (CA)
Contract/intellectual property dispute concerning patented high-rise construction equipment. New Zealand licensee sought to prevent Australian licensor entering New Zealand market. Whether license agreement subject to implied term of termination by either party on reasonable notice to the other, and whether implication of term was exercise in contractual interpretation.
GRANDE MEADOW DEVELOPMENTS LTD v CLARK ROAD DEVELOPMENTS LTD (NO 2) [2018] NZHC 1394
Application for interim measures under the Arbitration Act 1996. Dispute over the construction of common infrastructure in a property development at Hobsonville.
ARNERICH v VACO INVESTMENTS (LINCOLN ROAD) LTD (IN LIQ) [2018] NZHC 560
Application for leave to seek orders under s284(1)(a) Companies Act 1993 directing liquidator to raise specified matters in an arbitration concerning a construction contract. Consideration of scope of the arbitrator’s powers under NZS 3910:2003.
PACIFIC INTERNATIONAL COMMERCIAL BANK LTD v NATIONAL RESERVE BANK OF TONGA [2017] TOSC 20
Claims in negligence and judicial review against the National Reserve Bank of Tonga. Whether the Reserve Bank owed a duty of care to licensed banks. Whether there was a special relationship between the Reserve Bank and the banks it supervised.
GANGNAM PROPERTY INVESTMENTS LTD v AFFIN INTERIORS LTD (IN REC AND LIQ) [2017] NZHC 3197
Summary judgment in relation to lease arrears. Whether arguable defence in relation to estoppel or set-off.
CLARK ROAD DEVELOPMENTS LTD vGRANDE MEADOW DEVELOPMENTS LTD [2017] NZHC 2589
Application for interim injunction to compel payments said to arise under construction contract. Whether claim to interim relief precluded by arbitration clause in contract and whether interim relief available compelling payment of damages.
ANDREWS PROPERTY SERVICES LTD vBODY CORPORATE 160361 [2017] 2 NZLR 772 (CA)
Construction dispute concerning appropriateness of “overclad” cladding system for apartment complex in central Auckland. Whether builder obligated to ensure inspection by third party and warn owners of failure to inspect, and whether under a duty to undertake work outside of contract to ensure the building was code compliant.
ECOSTORE CO LTD v WORTH (2017) 15 NZELR 93 (HC)
Claim alleging confidence, conversion and breach of copyright. Whether this was an employment relationship problem subject to the exclusive jurisdiction of the Employment Relations Authority.
CJ PARKER CONSTRUCTION LTD (IN LIQ) v KETAN [2017] NZCA 3
Construction dispute concerning validity of a builder’s payment claim under the Construction Contracts Act 2002. Builder’s payment claim rejected on basis that invoice did not properly explain the value of the construction work.
HAURAKI GULF ENHANCEMENT SOCIETY INC v AUCKLAND COUNCIL [2017] NZHC 1322
Judicial review proceeding alleging procedural impropriety, illegality and unreasonableness. Environmental group sought declaration that Auckland Council lease to golf club on Waiheke Island was unlawful and void. Society ordered to provide security for costs and subsequently liquidated. Minister of Conservation intervening and revoking Council’s delegated authority to approve lease.
WHAI RAWA v X (2016)
Senior counsel for Whai Rawa (the commercial arm of Ngāti Whātua Ōrākei). Rent review arbitration under “Glasgow” lease. Whether rent review notice had been properly served. Whether time was of the essence to challenge it.
WHANGAPARAOA COMMUNITY CENTRE PROJECT INC v THE WHANGAPARAOA COMMUNITY TRUST [2016] NZHC 951
Judicial review proceeding. Whether ratepayers’ association had authority to transfer community hall to charitable trust, and whether that decision was reviewable. Whether association and its members excluded from affairs of Trust and whether decision to reject membership applications was for improper purpose.
BERGMAN v BERGMAN [2015] NZCCLR 16 (CA)
Joint venture dispute concerning dissolution of forestry venture and application for declaratory relief concerning alleged debt. Declaratory judgment sought – issue concerning onus of proof.
R v LYTTELTON [2015] NZHC 763
Historic online articles identified accused’s prior conviction. Whether this could prejudice a fair trial, as articles could be discovered using Google searches.
BODY CORPORATE 160361 (FLEETWOOD APARTMENTS) v BC 2004 LTD [2014] 3 NZLR 758 (HC)
Causes of action assigned to defendant council under settlement agreement. Whether there was a genuine commercial interest and whether assignments of tort actions more restricted than assignment of contractual rights. Whether assignment frustrated or avoided apportionment considerations under the Law Reform Act 1936.
INTERCITY GROUP (NZ) LTD vNAKEDBUS NZ LTD [2014] 3 NZLR 177, (2014) 108 IPR 112 (HC)
Complaints about a Google AdWords campaign using a trade marked name to trigger advertisements. Whether words likely to be taken as “use as a trade mark”. Claims of trade mark infringement, passing off, and misleading and deceptive conduct. Consideration of meaning of trade mark “use” in AdWords context, and “identicality” between the trade mark and the allegedly infringing sign.
P v P [2014] NZHC 2410
Constructive trust dispute. Overseas owner of Auckland shopping centre alleged to have concealed the true ownership of the property to assist the husband in a relationship property dispute. Whether sufficient evidence to support allegations, whether property held on express, resulting or constructive trust.
URSEM v CHUNG [2014] NZAR 1123 (HC)
Arbitration provision in unsigned agreement. Whether clause binding on parties. Whether court to apply prima facie test for existence of valid arbitration agreement, or full merits review.
HERON’S FLIGHT LTD v NZ PROPERTIES INTERNATIONAL LTD [2012] 1 NZLR 424 (HC)
Insolvency dispute concerning s310 of the Companies Act 1993 and its application to contested set-off claims.
CRAMPTON-SMITH v CRAMPTON-SMITH [2012] 1 NZLR 5 (CA)
Consideration of circumstances in which a resulting trust can arise. Brother paid full price of land, sister registered land in own name and built houses on land. Whether a resulting trust and whether there was evidence to rebut presumption. Whether an account of profits was appropriate.
EXPLORE NZ (2004) LTD v FULLERS BAY OF ISLANDS LTD & MINISTER OF CONSERVATION [2011] 3 NZLR 449 (CA)
Status of perpetually renewable lease on Urupukapuka Island in the Bay of Islands. Lease required a concession under the Reserves Act 1977 and Minister of Conservation had unlawfully renewed the lease.