All aspects of commercial litigation, including matters involving companies, directors, shareholders, real property, mortgages, equity, trusts, 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. On the 3rd day of a 5 day hearing in the Federal Court of Australia, the matter settled 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. Assisted in all aspects of preparation for trial. Attended 4 day hearing instructing senior counsel.

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

Mining Appeal - Broken Hill Cobalt Project Pty Ltd v Lord [2022] NSWCA 271. Prepared matter for hearing and attended the appeal instructing senior counsel. My 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 of the matter in the Court of Appeal and attended the hearing instructing counsel.

Successful Mediation - 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. Run by myself with counsel.

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 recent proceedings have settled on favourable terms to my client. Successfully opposed a motion under s 459S Corporations Act in one of the proceedings.

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. The client bought a small business and days later the vendor repudiated the agreement. The matter settled at mediation on favourable terms to the client.

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. Rezoning of land limiting development use. Prepared the matter for hearing including court books and attended a 2-day hearing instructing senior counsel.

Acted for technology company in a Copyright Tribunal matter.

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.