Professional Experience

Select matters

As counsel: unled

  • Ageist Pty Limited v More Than Skin Deep Pty Limited [2020] NSWSC 698: Acting for a registered mortgagee in an application pursuant to s 47MA of the Real Property Act 1900 (NSW) for the removal of a caveat over a property to facilitate a mortgagee sale. Appeared unled at final hearing, including cross-examination of the defendants' witnesses leading to adverse credit finding.

  • Dehsabzi v Afghan Community Support Association of NSW Inc [2020] NSWSC 899: Acting for the members of the committee of management of an incorporated association in a dispute regarding the interpretation of the association's constitution and the conduct of elections for the committee of management. Appeared unled on a strike-out application and on an application in relation to the appropriate manner in which a committee election should be conducted.

  • Sergienko v AXL Financial Pty Ltd [2019] NSWSC 1611: Acting for a crypto currency trader in proceedings arising out of an aborted backdoor listing and competing equitable interests in a property. Published judgment concerned security for costs application (unled). Led by Sean Docker in the main proceeding.

  • Naumburger v Berger (NSWSC Case No. 2013/327799): Acting on behalf of a member of a partnership in complex and long-running claim concerning the dissolution of the partnership. Appeared unled and successfully resisted a motion for security for costs.

  • Zhao v Bonheur Holdings Pty Limited (NSWSC Case No. 2019/209069): Acting for a property developer defending a claim alleging breach of contract and proprietary estoppel. Appeared unled at return of motion for freezing orders, and successfully obtained substantially less onerous orders.

  • Various final and interlocutory hearings in the Local Court of NSW in relation to motor vehicle repair claims, building and construction disputes, and miscellaneous insurance and other contract claims.

As counsel: led

  • Lianos v Order of AHEPA NSW Inc [2020] NSWCA 193; In the matter of Order of AHEPA NSW Inc [2019] NSWSC 1329: Acting on behalf of members of an incorporated association in a Corporations List application seeking to set aside a new constitution and various resolutions passed at meetings of the members. Led by Mark Ashhurst SC and James Willis at first instance and by Mark Ashhurst SC on appeal.

  • The Owners – Strata Plan No 91157 v Yoolee Holdings Pty Ltd Limited [2020] NSWCATAP 6: Acting for an owners corporation in a dispute with an owner of commercial and retail lots, concerning the lodgment of a development application and the interpretation of by-laws in the strata scheme. Led by Mark Ashhurst SC in appeal proceeding and on remittal.

  • Searle v Commonwealth of Australia [2020] NSWSC 665: Acting for marine technicians who enlisted in the Royal Australian Navy in a class action against the Commonwealth for breach of training contracts. Led by Nick Kidd SC in ongoing proceedings concerning the assessment of group member damages after a successful judgment on liability.

  • Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCA 1234: Acting for franchisees and directors/guarantors of franchisees in an application for approval of a discontinuance of the claims against ANZ Bank in a class action against ANZ and 7-Eleven. Led by Dr Kristine Hanscombe QC.

  • TW McConnell Pty Ltd as trustee for the McConnell Superannuation Fund v SurfStitch Group Ltd (subject to deed of company arrangement) (No 3); Nakali Pty Ltd v SurfStitch Group Ltd (subject to deed of company arrangement) (No 2) [2018] NSWSC 1749: Appearing as junior to G Donnellan, the contradictor in relation to a settlement of a shareholder class action, successfully resisting application for settlement approval without permitting group members to opt out.

  • Luke v Aveo Group Ltd (FCA Case No. VID996/2017): Acting for current and former residents of retirement villages in a class action against a publicly listed retirement village operator, alleging unconscionable conduct and misleading or deceptive conduct. Led by Dr Kristine Hanscombe QC.

  • Kuroda & Ors v Lusby & Ors (NSWSC Case No. 2017/348186): Acting for 65 investors in an alleged "Ponzi scheme" run by Tony Lusby, alleging that Macquarie Bank was liable as an accessory for Mr Lusby's negligence and breaches of trust. Led by Martin Einfeld QC.

As a solicitor:

 

  • Pavlovic v Universal Music Australia [2015] NSWCA 313; (2015) 90 NSWLR 605: successfully defended claim against shareholder seeking to enforce settlement agreement alleged to have been entered into. Also acted in related shareholder oppression, breach of trust, and trade mark disputes.

  • Wotton v Queensland: Acting for 447 Aboriginal and Torres Strait Islander residents of Palm Island in a class action alleging racial discrimination by the Queensland Police Service. Included:

    • a 22-day hearing, which established liability in favour of the applicants: [2016] FCA 1457;

    • applications during the trial to adduce expert evidence and to close the Court: [2015] FCA 1073; [2015] FCA 1074; and [2015] FCA 1075; (2015) 333 ALR 466).

    • successful 2-day mediation, resulting in a $30 million settlement, which was subsequently approved in [2018] FCA 915;

    • application to adjourn hearing: [2017] FCA 1315;

    • application in relation to the form and content of orders regarding common questions in representative proceeding: [2017] FCA 639;

    • application for approval of notification and registration regime for group members: see [2017] FCA 406;

    • application for award of costs and interest: [2017] FCA 245;

    • interlocutory application to amend pleading and originating application:  [2015] FCA 910.​

  • Lee v Westpac Banking Corporation: Acting for former clients of Storm Financial in a class action against Westpac, alleging breach of contract, unconscionable conduct, and liability as a linked credit provider for Storm’s misrepresentations and breaches of contract. Including:

    • successful 2-day mediation resulting in $7.5 million settlement, subsequently approved in [2017] FCA 1553; and

    • interlocutory application to amend statement of claim: [2016] FCA 901.

  • Re: Cloudy Bay Sustainable Forestry Limited (National Court of Justice of Papua New Guinea Case No. MP 41/2017): Acting for a minority shareholder and director in a shareholder oppression claim in Papua New Guinea.

  • Lanai Unit Holdings Pty Ltd v Mallesons Stephen Jacques: Acting for the investors in a development of 80 luxury apartments in a claim for professional negligence against the developers’ former solicitors. Included:

    • successful mediation of the dispute;

    • application for leave to amend claim: [2017] QSC 251;

    • defence of strike out application: [2016] QSC 242; and

    • response to application for security for costs: [2016] QSC 2.

  • McBride v Christie’s Australia: Acting for art dealership in defence of claim alleging misleading or deceptive conduct and contractual mistake in sale of allegedly forged artwork. Included:

    • 10-day final hearing: [2014] NSWSC 1729; and

    • complex multi-party costs dispute: [2015] NSWSC 231.

Professional experience and qualifications

Qualifications

  • Called to the Bar, 2018

  • Admission to NSW Supreme Court and High Court of Australia, 2014

  • LLM University of Sydney - ongoing

  • LLB (First Class Honours) University of Technology Sydney, 2013

  • BSc (Financial Mathematics & Statistics) University of Sydney, 2009

 

Awards

  • Finalist (Pro Bono), Lawyers Weekly 30 Under 30 awards 2017

  • Finalist (Dispute Resolution), Lawyers Weekly 30 Under 30 awards 2015 and 2016

Prior experience

2014-2018: Solicitor at Sydney law firm

2009-2014: Policy analyst and staff writer at not-for-profit

2009-2013: Director, AUJS Ltd (not-for-profit organisation focussed on student leadership activities and overseas tours)

2009: National Vice President, Australasian Union of Jewish Students

+61 2 8227 4400

University Chambers
Level 19, 65 Martin Place
Sydney NSW 2000

©2018 by Daniel Meyerowitz-Katz. Please do not reproduce without permission from the author. All quotes should be attributed and should include a link to the original. 


Any information on this website in relation to legal matters is general only and does not constitute legal advice. Nothing on this website should be relied on without first contacting the author to confirm how it applies to your individual circumstances.

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