We deal with all aspects of commercial litigation, including disputes involving companies, directors, shareholders, real property, mortgages, equity, trusts, deceased estates, consumer law, fraud, and mediation.

Achievements

One of David’s proudest achievements is in the NSW Court of Appeal matter CEG Direct Securities Pty Ltd v Wang [2021] NSWCA 76  where he helped his elderly clients avoid the bank’s enforcement of forged mortgages against their home and two investment properties, which would have destroyed their retirement.

Recent cases

• Successful Resolution – Winding Up on Just and Equitable Ground. My client sought to wind up a family company with assets exceeding $40 million. Settled the matter on day 3 of a 5 day hearing in the Federal Court of Australia, with the defendants agreeing to wind up the company.

• Successfully Resisted High Court Special Leave Application: SafeWork NSW v Grasso; Grasso Consulting Engineers Pty Ltd (S4 and S5/2022) HCA.

• Successful Trial and Appeal - Partnership Dissolution/Valuation of Goodwill: Milevski v Paltos [2022] NSWSC 261 and Paltos v Milevski [2023] NSWCA 7. Including preparation of matter for trial and instructing senior counsel at 4 day Supreme Court hearing, and preparation of appeal and instructing senior counsel in hearing before the NSW Court of Appeal.

• Successful Appeal in Part - Galati v Deans & Ors [2023] NSWCA 13. Failed joint venture development involving complex trusts issues. Assisted in all aspects of preparation for hearing, including appeal books and submissions, and instructed senior counsel at appeal hearing.

• Mining Appeal - Broken Hill Cobalt Project Pty Ltd v Lord [2022] NSWCA 271. Prepared matter for hearing and instructed senior counsel at appeal hearing. The client received two thirds of their costs despite the appeal being allowed in part for a remittal on quantification of losses.

• Successful Appeal – Guarantor’s Implied Indemnity: Hopper v D J Sincock Pty Ltd [2021] NSWCA 305. Assisted in all aspects of preparation for hearing in the NSW Court of Appeal and instructed counsel at appeal hearing.

• Successful Mediation - Resolved Corporate Oppression Suit for High-Net-Worth Businessman.

• Successful Security for Costs/Costs Thrown Away Application: Chen v Golden Land Enterprises Pty Ltd [2022] NSWSC 19 and Chen v Golden Land Enterprises Pty Ltd (No 2) [2022] NSWSC 985.

• Successful Trial and Appeal - Mould case: King as trustee for Cascade Trust v The Owners - Strata Plan No. 19410 [2022] NSWCATCD 24 and The Owners - Strata Plan No 19410 v King atf the Cascade Trust [2022] NSWCATAP 326.

• Winding up proceedings. Two proceedings have settled on favourable terms to my client. Successfully opposed a motion under s 459S Corporations Act in one proceeding.

• Company in liquidation - Acted for Director. The company owed about $2m in debts with substantial assets available. I assisted director to respond to liquidator’s requests, lodge proofs of debt, respond to rejected proofs, and commence proceedings against the liquidators.

• Successful Mediation - Misleading or Deceptive Conduct. Client bought a small business and days later the seller repudiated the agreement. The matter settled at mediation on favourable terms.

• Acted for a business in two separate Supreme Court matters involving misleading/deceptive conduct and rectification of a lease.

• Land and Environment Court – Judicial Review of Local Council decision to rezone land which limited client’s development plans. Prepared matter for hearing including court books and instructed senior counsel at 2-day hearing.

• Copyright Tribunal matter acting for technology company against Government body.

• Registration and enforcement of $22million foreign judgment of the High Court of Hong Kong. Enforcement of judgment in Australia through s 37A Conveyancing Act claim, charging order and garnishee order.

• Representing property developer in dispute with off-the plan apartment purchasers. Purchasers claimed rescission and damages due to delay in construction. Settled dispute on favourable terms.