selected examples of matters i have worked on

Nexi Payment S.p.A. v Erdogan (2019) CAC 102472

INTERNATIONAL ARBITRATION. Panel Decision. Complainant owns registered trademarks in Italy.  Respondent in Turkey registers domain name identical to or confusingly similar to registered trademarks.  Respondent uses privacy service to shield identity. No right or legitimate interests in registration. Bad faith registration. A similar pattern of conduct by respondent in other registrations.

W etc & Ors v L etc & Ors, NSWSC 2019 - with Dr M Sharpe of Counsel

PRACTICE AND PROCEDURE – Leave to amend Statement of Claim – Property Law – alleged Fraud on registered proprietor – Mortgagees exercise of power of sale – Verification of Identity - Third Party Purchaser – Registrar General – claim under Assurance Fund

L etc & Ors v L etc & Ors, SCV 2019

MEDIATION (as mediator) - Trust - legal and beneficial ownership of property - significant property portfolio - resulting trust - constructive trust - contributions made to payment of repairs, maintenance and outgoings

Z etc & Ors v X etc & Ors, SCV 2019 - with X Teo of Counsel

FREEZING ORDER - Breach of Contract - Misleading & Deceptive Conduct under s. 18 ACL - alleged Ponzi scheme - multiple plaintiffs and defendants

Blueways Group, land sub-division developer 2018-2019

DIRECT ACCESS - Short term retainer - acting for Land Developer and providing advisory service to the owner, CEO, CFO, and senior executives on legal issues - loan contracts review - property contracts and transactions - confidentiality and non-disclosure

Jones v Shaw & Ors, SCV 2018

BREACH OF CONTRACT - TRADEMARK - PASSING OFF - MISLEADING & DECEPTIVE CONDUCT - ownership of domain names - construction of terms of contract - use of business name - geographical significance - rural property

Landream Group, property developer in Melbourne and Sydney 2018, 2017, 2016

DIRECT ACCESS - Trusted advisor role - handling multiples legal issues (litigious and non-litigious) affecting the group, and according as Counsel with external law firms on behalf of the group

Goldwin Pty Ltd & Ors v Tang & Ors, SCV 2017

PRACTICE AND PROCEDURE – leave to amend Statement of Claim - strike out – unitholders and shareholders dispute – application of trading trusts to existing oppression remedy – s. 232 Corporations Act 2001 and Trustee Act 1958 – consideration of Vigliaroni v CPS Investments Holdings Pty Ltd (2009) 74 ACSR 282; Wain v Drapac [2012] VSC 156; Trust Co Ltd v Noosa Venture I (2010) 80 ACSR 485; Kizquari Pty Ltd v Prestoo Pty Ltd (1993) 10 ACSR 606 - Hong Kong Chinese parties

LDF Pty Ltd v Z, PRC 2017

INTERNATIONAL LITIGATION - Action for Debt - Expert Opinion - Choice of Law - proceedings launched in the China for recovery of significant debt owing to Australian lender - process of notarisation, authentication, and legalisation of evidentiary material in Australia for use in China

Flash Lighting Company Limited v Zhang & Ors, SCV, Unreported 15.12.16

FREEZING ORDER - INTERLOCUTORY - breach of trust obligations in respect of $56.1 million payment – misleading & deceptive conduct – Barnes v Addy Claim – breach of director’s duties

More Group Pty Ltd v Ronen Czesler & Anor, SCV 2015

INJUNCTION - INTERLOCUTORY - breach of confidential information - contract of employment or independent contractor

Cook v Williams Partners, SCV 2015 - with Mr J Leung of Counsel

NEGLIGENCE - FRAUD - by solicitor running Ponzi scheme - fraudulent mortgages - claim against auditors of Self Managed Super Fund company

Lo Yoon On v Lo Mu Sen & Sons Sdn Bhd & Ors, High Court of Malaya 2014

INTERNATIONAL LITIGATION - Corporations - Oppression of shareholders’ rights - construction of shareholders’ agreement - estoppel cause of action under Malaysian law

Zhang v Tao, SCV 2014 - with Mr T Mah of Counsel

FREEZING ORDER - circa $16 million of assets to be preserved - Party from Mainland China seeking freezing orders in Victoria - claim based on breach of contract and misleading & deceptive conduct - strategic approach resulting in a settlement prior to launch - quick resolution

Camilleri v Legal Services Board, SCV 2014 with Mr M Holden and Ms A Lee of Counsel

CLAIM AGAINST FIDELITY FUND - Fraud by solicitor running Ponzi scheme - fraudulent mortgages

Zhao v Argo Pty Ltd [2014] VSC 24

PRACTICE AND PROCEDURE – APPEAL - against refusal by associate judge to dismiss plaintiff’s claim summarily – tests to be applied – fresh evidence on appeal – Cheques Act 1986; Instruments Act 1958; Sale of Land Act 1962 – Mainland Chinese and Indonesian parties

Bruce Postle v Victoria Racing Club Ltd, FCA 2013

COPYRIGHT - Photograph was taken by famous photographer of T Woodcock and his horse Reckless - contract of employment - ownership of the copyright in the photograph

Future Entertainment Pty Ltd v Cold Rock Management Pty Ltd & Anor, FCA 2013

TRADEMARK - reputation and goodwill in mark -alleged infringement in website promotion - misleading & deceptive conduct claims - passing off - aiding & abetting alleged contravention

Joseph Street Pty Ltd v Khay & Anor [2012] VSCA 113

CONTRACT – APPEAL - Sale of land – Specific Performance – Construction – ‘Best Endeavours’ to register plan of subdivision – whether vendors used ‘best endeavours’ – whether vendors entitled to rescind – Subdivision Act 1988 - Malaysian Chinese parties