Professional Experience

​As counsel: led

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• Daewoo Shipbuilding & Marine Engineering Co Ltd v INPEX Operations Australia Pty Ltd [2022] NSWSC 112; 404 ALR 503: Acting for operator of a large offshore gas field in Technology & Construction List proceeding against major shipbuilder in relation to an application to restrain a call on a bank guarantee in the context of an agreement with an international arbitration clause. Led by Mark Ashhurst SC and instructed by White & Case LLP.

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• Croc's Franchising Pty Ltd v Alamdo Holdings Pty Ltd [2023] NSWCA 256: Acting for a lessee in a dispute with a lessor regarding the application of COVID-19 leasing regulations and various other issues. Led by Mark Ashhurst SC and instructed by Newhouse & Arnold.

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• Credit Suisse AG v Gu [2023] FCA 407: Acting for investors in a claim involving a former "Ponzi" scheme and competing equitable interests in a property. Led by Sean Docker SC.

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• Chu & Anor v Lin v Ors (FCA No. NSD 32/2022): Acting for investors in failed property fund in claim against the former directors of the trustee company for misuse of trust funds. Included successful application to reinstate the trustee company and for leave to bring a derivative action on its behalf. Led by David Thomas SC and instructed by McCabes.

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• GEMI 169 Pty Ltd & Anor v Suria Global (L) Pty Ltd & Ors [2022] NSWSC 857: Acting for lenders in Commercial List proceeding involving allegedly fraudulent mortgages in relation to loans exceeding $22 million. Included successful application to obtain search orders (Anton Pillar orders) against multiple defendants. Led by Hugh Somerville and instructed by Summer Lawyers.

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• Liquidation of Suria Global (L) Pty Ltd: Acting for the liquidators of a company in complex public examination proceedings, including in relation to two applications by examinees to set aside examination summons (see Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1363 and David v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1663). Led by Hugh Somerville and instructed by William James.

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• Metstech Pty Ltd & Ors v Park & Ors [2022] NSWSC 1667; 411 ALR 35; Chou v Metstech Pty Ltd [2023] FCAFC 205: Acting for mining technology company in Commercial List claim against former directors and shareholders, alleging breach of fiduciary duties, breach of shareholders' agreement, theft of intellectual property, breach of confidence, and tortious conspiracy to injure. Led by Andrew Fernon SC and instructed by SWS Lawyers.

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• IWC Industries Pty Ltd v Sergienko [2021] NSWCA 292; 20 BPR 41,785; Sergei Sergienko v AXL Financial Pty Limited [2021] NSWSC 297: Acting for a crypto currency trader in proceedings arising out of an aborted backdoor listing and concerning priority of competing equitable interests in real property. Led by Bernard Coles QC at final hearing in the Commercial List and on appeal. Instructed by Guardian Legal.

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• Lianos v Order of AHEPA NSW Inc [2020] NSWCA 193; [2020] NSWCA 304; [2021] NSWCA 292; 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, then in relation to subsequent issues arising as a result of voluntary administration. Led by Mark Ashhurst SC and instructed by McCabes.

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• In the matter of Computer Room Solutions Pty Limited [2021] NSWSC 845; 154 ACSR 672: Acting for shareholders in Corporations List dispute regarding exercise of rights under a shareholders' agreement. Led by Mark Ashhurst SC and instructed by Somerville Legal.

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• CPB Contractors Pty Ltd & Anor v Mott MacDonald Australia Pty Ltd & Ors (NSWSC No. 2019/00267188): Acting for consortium of global engineering firms in large infrastructure dispute in the Technology & Construction List concerning the design and construction of the North West Rail Link/Sydney Metro train service. Led by Mark Ashhurst SC and instructed by Lander & Rogers.

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• CPB Contractors Pty Ltd & Ors v N D Y Management Pty Ltd & Ors (NSWSC No. 2021/00259105): Acting for global engineering firm in large infrastructure dispute in the Technology & Construction List concerning the design and construction of the M4 East Motorway. Led by Mark Ashhurst SC and instructed by Lander & Rogers.

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• Vaspip 2 Pty Ltd v Thorn Group Ltd [2020] VSC 700: Acting for ASX-listed public company in a dispute concerning the validity of notices under ss 203D and 249D of the Corporations Act 2001 (Cth). Led by Bernard Coles QC (now KC) and instructed by Crompton + Walsh.

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• Double Bay Bowling Club v Council of the Municipality of Woollahra [2020] NSWSC 1861: Acting for local council in defence of proceedings seeking orders that a caveat be extinguished under s 89 of the Conveyancing Act 1919 (NSW). Led by Terrence Lynch SC and instructed by HWL Ebsworth.

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• Searle v Commonwealth of Australia [2020] NSWSC 665; [2022] NSWSC 119: 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 and instructed by Levitt Robinson in four week hearing concerning the assessment of group member damages after a successful judgment on liability.

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• The Owners – Strata Plan No 63731 v B & G Trading Pty Ltd [2020] NSWCATAP 202: Acting for an owners corporation in strata dispute concerning development of a commercial lot. Led by Dr Chris Birch SC and instructed by Grace Lawyers.

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• 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 and instructed by Grace Lawyers in appeal proceeding and on remittal.

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• 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 and instructed by Levitt Robinson.

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• 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.

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• 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.

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As counsel: unled

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• Tang v Yu [2023] FCA 1541;  [2023] FCA 1540: Acting for investor in three day misleading or deceptive conduct case in relation to a failed investment. Appeared unled at four day final hearing.

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• Raams v Ainsley-Squires [2023] NSWSC 1236: Acting for co-owner of a property in a dispute regarding the existence of an express or resulting trust. Appeared unled at two day final hearing.

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• AAN MP Pty Ltd as trustee for the AAN MP Unit Trust v Camilleri [2023] NSWSC 737: Acting for purchaser in dispute about an option contract and the resulting contract for the sale of land. Appeared unled on application for summary judgment.

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• Dexiosis Properties Benalla Pty Ltd v Beaver 1st Capital Management Pty Ltd [2022] NSWSC 1473: Acting for mortgagee/lender in defence of application to remove caveat. Appeared unled on Duty List application.

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• Naumburger v Berger [2021] NSWSC 903: Acting on behalf of a member of a partnership in complex and long-running claim concerning the dissolution of the partnership. Appeared unled at four day final hearing.

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• 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.

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• O'Brien v National Australia Bank Ltd (NSWSC No. 2022/00213461): Acting for victim of scam in successful preliminary discovery application in the Duty List against the bank to which the misappropriated funds had been deposited.

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• Pemika Pty Ltd ats Think Positive Design Studio Pty Ltd (NSWSC No. 2021/00325508): Acting for lessor in Real Property List dispute with lessee concerning attempt to terminate a commercial lease. Included appearance in the Duty List on the return of an ex parte injunction. Instructed by Kardos Scanlan.

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• Asquith Leaf Pty Ltd & Anor v Madrid (DCNSW No. 2021/00305064): Acting for vendors/developers in District Court claim for breach of contracts for sale of land. Instructed by HWL Ebsworth.

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• 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. Instructed by Metro Lawyers.

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• 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 concerning competing equitable interests in a property. Appeared unled on security for costs application. Led by Bernard Coles QC at final hearing in the Commercial List and on appeal (see Sergei Sergienko v AXL Financial Pty Limited [2021] NSWSC 297 and IWC Industries Pty Ltd v Sergienko [2021] NSWCA 292; 20 BPR 41,785). Instructed by Guardian Legal.

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• Ryde Joinery Pty Ltd v A T Building Pty Ltd (LCNSW No. 2019/00348492): Acting for a head contractor in a construction dispute with subcontractor concerning defective joinery. Appeared unled at three day final hearing, including cross-examination of lay and expert witnesses.

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• Yalda v Mshref [2021] NSWSC 624; [2021] NSWSC 951: Acting for the owner of a motor vehicle in an appeal to the Supreme Court from a Local Court claim in negligence arising out of a motor vehicle accident. Also appeared at the first instance hearing. Instructed by State Lawyers.

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• Council of the Law Society of New South Wales v Carr [2020] NSWCATOD 5: Acting for a solicitor defending disciplinary charges. Appeared unled at first instance hearing. Appeared as junior to Dr Kristine Hanscombe QC on successful appeal (see Carr v Council of the Law Society of New South Wales [2020] NSWCA 276).

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• Elias v Hollard Insurance Company Pty Ltd (LCNSW No. 2018/00358256): Acting for a plaintiff in a claim against insurer concerning repairs to a motor vehicle, including issues arising under s 54 of the Insurance Contracts Act 1984 (Cth). Appeared unled at four day final hearing, including cross-examination of defendant’s lay and expert witnesses. 

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​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.

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• 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.​

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• 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.

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• 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.

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• 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.

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• 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.

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