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 being involved in the NSW Court of Appeal matter CEG Direct Securities Pty Ltd v Wang [2021] NSWCA 76  as a an employed solicitor where he helped the elderly defendants avoid the bank’s enforcement of forged mortgages against their home and two investment properties, which would have destroyed their retirement.

Cases in which I have been involved as an employed solicitor

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

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. I assisted with preparation of the 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. I assisted with preparation of the matter for hearing, including appeal books and submissions, and instructing senior counsel at appeal hearing.

Mining Appeal - Broken Hill Cobalt Project Pty Ltd v Lord [2022] NSWCA 271. I assisted with preparing the matter for hearing and instructing senior counsel at appeal hearing.

Successful Appeal – Guarantor’s Implied Indemnity: Hopper v D J Sincock Pty Ltd [2021] NSWCA 305. I assisted with preparing the matter for hearing in the NSW Court of Appeal and instructing counsel at appeal hearing.

Successful Mediation - I participated in a mediation for a High-Net-Worth Businessman in a Federal Court Corporate Oppression Suit which resulted in a favourable outcome.

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. I assisted counsel with the application and hearing.

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. I assisted counsel with application and hearing.

Winding up proceedings. I assisted counsel with two proceedings which settled on favourable terms including in one proceeding successfully opposing a notice of motion under s 459S Corporations Act.

Company in liquidation. The company owed approximately $2m in debts with substantial assets available. I assisted with responses to liquidator’s requests, lodging proofs of debt, responding to rejected proofs, and preparing proceedings against the liquidators.

Successful Mediation - Misleading or Deceptive Conduct. The applicant purchaser bought a small business and days later the seller repudiated the agreement. I participated in a mediation with counsel at which the the matter settled at on favourable terms to the applicant purchaser.

I assisted in two Supreme Court matters brought against a business involving allegations of misleading or deceptive conduct and rectification of a lease.

Land and Environment Court – Judicial Review of Local Council decision to rezone land which limited applicant’s development plans. I helped to prepare the matter for hearing including court books and instructing senior counsel at 2-day hearing.

Assisted in a Copyright Tribunal matter acting for technology company against Government body.

I assisted in a matter involving the registration and enforcement of $22million foreign judgment of the High Court of Hong Kong, and enforcement of the judgment in Australia through a s 37A Conveyancing Act claim, charging order and garnishee order.

I assisted in settling a dispute on favourable terms between a property developer and off-the plan apartment purchasers where purchasers claimed rescission and damages due to delay in construction.