Professional Experience
 

Just under two years experience at the NSW bar during which I have appeared in a range of civil and commercial matters, principally contractual disputes, guarantee cases, insolvency matters, taxation recovery matters, professional negligence claims and insurance disputes.

Prior to coming to the bar, I had 14 years experience as a solicitor/ solicitor advocate specialising in general civil and commercial litigation, in particular product liability, professional negligence, building and construction, insurance policy disputes,

contractual disputes, pollution/ contamination claims, and health and safety prosecutions.

Notable cases (as instructing solicitor) include:

Fytche v Wincanton Logistics plc [2004] UKHL 31 (House of Lords decision on the interpretation of a European Health & Safety Directive)

Scania Series 4 Group Litigation (class action/ product liability claim in which I acted as co-ordinating solicitor for 35 defendants from 1999 to 2005)

Zorom Enterprises Pty Ltd & Ors v Zabow [2007] NSWCA 106 and Collingwood Hotel v O’Reilly [2007] NSWCA 155 (claims by patrons of hotels for injuries sustained in fights with security guards (Zabow) and between patrons (O’Reilly))

Cases I have appeared in as counsel since coming to the bar include:

Giardini v Blandino [2008] NSWADT 66 (retail leases dispute in which I appeared for the applicant before the Retail Leases Division and subsequently the Appeal Panel of the Administrative Decisions Tribunal)

Owners Corporation v Austruc & Ors (building and construction reference/ claim in which I appeared as junior counsel to Richard Cavanagh before the referee, Mr Brownie QC, and in the Supreme Court)

McCool v McCool [2008] NSWSC 748 (estate litigation in which I appeared for the executor)

Frost v Bankstown Wiley Motor Cycle Club Inc [2008] ACTSC 104 (contested application to cross-vest proceedings)

Scali v Ryan (unreported, District Court, Rolfe J, 30 January 2009) (contractual and property relationship dispute)

BMW Australia Finance Ltd v Richmond [2008] FMCA 1431 (contested bankruptcy matter in which I appeared for the petitioning creditor)

Fresh Express Australia Pty Ltd v MP (NT) Pty Ltd [2009] NSWSC 277 (application to set aside a statutory demand in which I appeared for the creditor)

SNB Pty Ltd v Caroline Bi and Capital Finance Australia Pty Ltd v O’ Sullivan (Local Court actions to enforce contracts of guarantee in which I appeared for the guarantor and creditor respectively)

Deputy Commissioner for Taxation v Elfar (unreported, District Court, 29 May 2009) and Deputy Commissioner for Taxation v Burnett (unreported, District Court, 7 August 2009) (actions for recovery of unpaid PAYG tax from a company director (Elfar) and income tax (Burnett) in which I appeared for the Australian Taxation Office)

Margaris v Brahmbhatt [2009] NSWDC 137 (contractual dispute involving allegations of misleading and deceptive conduct)

Interests

Outside interests (children permitting) include trying to keep fit (gym, jogging, tennis), and helping my brother-in-law with his restaurant (Nu’s, McMahon’s Point).

Referees

 

Graham Eklund QC, Barrister, 4 New Square, Lincoln’s Inn, London WC2A 3RJ (Ph: +44 20 7822 2000; email: g.eklund@4newsquare.com)

Richard Cavanagh, Barrister, Edmund Barton Chambers, Level 44 MLC Centre, Sydney NSW 2000 (Ph: (02) 9220 6100; email: cavanagh@ebc44.com)

John McElhinney, Griffin Hilditch, Lawyers, 49 Flinders Street, Adelaide SA 5000 ((office) (08) 8410 2020; (mob)