SELECT CASES
COMMERCIAL
Santos NSW Pty Ltd and Energy/Australia Narrabri Gas Pty Ltd v Gomeroi People Native Title Applicant (NF2021/003-006), led by T McAvoy SC for the native title party in expedited arbitration application involving question of statutory duty of good faith before the National Native Title Tribunal. Listed for hearing in April 2022.
NL Investment Group Pty Ltd v Parc Vue Project Botanic Pty Ltd (VID1356 of 2019), unled, for the fourth defendant in proceedings seeking damages for alleged breach of collateral warranty, deceit, and misleading and deceptive conduct in contravention of s 1041H of the Corporations Act 2001 (Cth), 12DA of the Australian Securities and Investments Act 2001 (Cth), and s 18 of the Australian Consumer Law, in connection with a large property development in Melbourne.
UCX Ltd v Australian Communications and Media Authority [2019] FCA 1345, unled, for applicant for urgent interlocutory and final relief relating to broadcasting licence.
Re Courtenay House Capital Trading Group Pty Ltd (in liq) [2018] NSWSC 1918; (2018) 133 ASCR 451, led by S Goodman SC, for the fifth and eighth defendants, opposing liquidator’s application under s 1323 of the Corporations Act to exclude access to funds for the purposes of funding their defence and living expenses; In the matter of Courtenay House Capital Trading Group Pty Ltd [2017] NSWSC 883 return of application for freezing orders granted ex parte.
In the matter of Icon Brewing Company Pty Ltd (NSW Supreme Court 2017/00125559), unled, for the defendant to an application to set aside statutory demand. Settled following three day hearing, before judgment given.
Hamilton v Hamilton [2016] NSWSC (expedition list), unled, for the second defendant and cross-claimant. Farm succession dispute involving allegations of breach of contract, partnership dispute, proprietary estoppel and constructive trust. Settled at hearing.
McBride v Christie’s Australia Pty Ltd [2014] NSWSC 1729, led by E Muston SC, for the first defendant, Christie’s. Breach of contract, misleading and deceptive conduct.
Highhope Holdings Pty Ltd v Heuston (2014) 291 FLR 150, unled, for the applicant. Successful defence of an application to set aside s 81 examination summons on the ground that it was issued for an improper purpose.
Regulatory and inquiries
In the matter of RM Capital Pty Ltd NSD906/2019, led by D Hogan-Doran SC, for the second defendant in civil penalty proceedings brought by ASIC in respect of alleged contraventions of s 963G of the Corporations Act 2001 (Cth) in relation to acceptance of conflicted remuneration by authorised representative. Heard on 12 July 2021, Jackson J reserving judgment pending the separate hearing of the claim against RM Capital.
Inquiry by the Honourable Patricia Bergin SC under section 143 of the Casino Control Act 1992(NSW) (2020) led by S Finch SC and J Stoljar SC, with Z Hillman, for Melco Resorts and Entertainment Ltd in relation to the suitability of Crown Resorts Ltd to hold a restricted gaming licence.
Appearing for persons of interest in confidential ASIC inquiries into civil penalty contraventions and corporate criminal offences.
Appearing for persons the subject of confidential workplace investigations into misconduct.
Operation Cavill (2014), led by P Griffin SC, for a person of interest in ICAC inquiry. Construction and application of Election Funding, Expenditure and Disclosures Act 1981(NSW).
PUBLIC LAW
Lu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2062, unled, for the respondent to an appeal from the decision of the Federal Circuit Court to refuse to set aside decision to reject an application for a spouse visa.
University of Canberra v Australian Communications and Media Authority (AAT 1212 of 2019), unled, for applicant seeking orders in the nature of mandamus requiring the Authority to exercise its powers under the Radiocommunications Act 1992 (Cth) to correct register. Application settled in the course of the hearing.
La Perouse Local Aboriginal Land Council v Minister Administering the Crown Lands Act (NSW Land and Environment Court 18/99180, 18/99189, 18/99193, 18/99195), unled, for the Minister instructed by the NSW Crown Solicitor in Class 3 appeal from the refusal of application under the Aboriginal Land Rights Act 1983 (NSW). Application withdrawn prior to hearing.
Waterhouse v Independent Commission Against Corruption (No 3) [2015] NSWSC 261, led by N Beaumont SC, for respondent to application for judicial review of a decision of the ICAC.
Esposito v Commonwealth of Australia [2013] FCA 1039, led by E Muston SC for the Office of the Environment and Heritage (NSW), led by E Muston SC in defence of application for judicial review of the Minister’s decision and alleged breach of s.51(xxxi) of the Constitution in the acquisition of land.