Corporate, commercial and Equity

In the matter of RM Capital Pty Ltd NSD906/2019, led by D Hogan-Doran SC, for the second defendant in ongoing civil penalty proceedings brought by ASIC in respect of alleged contravention of conflicted remuneration provisions of the Corporations Act.

NL Investment Group Pty Ltd v Parc Vue Project Botanic Pty Ltd [2020] FCA 711, unled, for the fourth defendant. Strike out of whole of pleading and process seeking compensation for alleged contraventions of offences and misleading and deceptive conduct provisions of the financial services provisions of the Corporations Act.

Zyber Holdings Ltd v Bakos [2020] FCA 387, unled, for the defendant to an application to set aside statutory demand.

Re Courtenay House Capital Trading Group Pty Ltd (in liq) [2018] NSWSC 1918, led by S Goodman SC, for the fifth and eighth defendants in proceedings brought by liquidator and ASIC in relation to freezing orders obtained in support of prosecution for alleged ponzi scheme.

Trustees of the Roman Catholic Church for the Diocese of Parramatta v Lowy, led by N Kidd SC, for the first defendant. Claim for damages, equitable compensation, constructive trust for breach of contract, breach of fiduciary duty, bribery and fraud. Settled prior to hearing.

Hamilton v Hamilton [2016] NSWSC (expedition list), unled, for the second defendant and cross-claimant. Contract and equity claim in partnership, proprietary estoppel, constructive trust. Settled in the course of hearing.

McBride v Christie’s Australia Pty Ltd [2014] NSWSC 1729, led by E Muston SC, for Christie’s. Multi-party contract, consumer and equity dispute relating to an Albert Tucker painting found by the Court to be fake.

Highhope Holdings Pty Ltd v Heuston (2014) 291 FLR 150, unled, for the applicant. Successful defence of an application to set aside a bankruptcy summons for examination under s.81 of the Bankruptcy Act 1966 (Cth) on the ground that it was issued for an improper purpose.

Department of Social Services v Cassaniti (2013) NSWDC, unled, for the Department. Successful ex parte interlocutory application for freezing orders.