Focused, Strategic + Commercial

Examples of matters in which our lawyers have acted include:

Acting for an international consortium of investors in successfully defending Supreme Court of New South Wales proceedings (at first instance and on appeal to the NSW Court of Appeal) brought by an Australian public company in relation to a share subscription agreement concerning gold mining activities in the Republic of Zimbabwe: Prospect Resources Ltd v Molyneux & Ors [2015] NSWCA 171; and [2014] NSWSC 1096 and (No.2) [2014] NSWSC 1448

PRACTICE AREA
Commercial Litigation; Contractual Disputes
OUTCOME
Orders as sought made on appeal including an order for indemnity costs in favour of clients (upheld on appeal)

Acting for the Australian subsidiary of a leading international project management and consultancy group in its defence of WA Supreme Court proceedings involving a claim of over $1 billion arising out of an offshore geohazard site survey.

PRACTICE AREA
Commercial Litigation; Contractual Disputes
OUTCOME
Successfully resolved by mediation prior to trial

Acting for a global producer of titanium ore and titanium dioxide in WA Supreme Court proceedings against a major contractor following interruptions to supply of critical industrial gases required for use in a pigment plant.

PRACTICE AREA
Commercial Litigation; Contractual Disputes
OUTCOME
Successfully resolved by negotiation prior to trial

Acting for a global group of energy and petrochemicals companies in relation to protection of proprietary and confidential information in high profile proceedings before the WA Supreme Court.

PRACTICE AREA
Commercial Litigation; Confidential Information
OUTCOME
Successfully resolved by negotiated orders

Advising and acting for one of the world’s leading engineering, architecture and environmental consulting companies in relation to a number of disputes arising out of project management and construction contracts, including a dispute concerning a large public infrastructure project providing essential services to approximately 100,000 sites in Metropolitan Perth and rural Western Australia.

PRACTICE AREA
Building and Construction Disputes; Commercial Litigation; Contractual Disputes
OUTCOME
Various matters successfully resolved by negotiation

Appearing on behalf of the WA Land Authority in a successful test case seeking specific performance of its right to repurchase land following the purchasers’ failure to comply with a development condition: Western Australian Land Authority v Meadowcroft [2014] WASC 333

PRACTICE AREA
Commercial Litigation; Contractual Disputes; Property Law
OUTCOME
Orders as sought made at trial

Acting for a State Government owned electricity corporation in relation to protection of confidential and commercially sensitive information held by a former employee in high profile proceedings before the WA Supreme Court.

PRACTICE AREA
Commercial Litigation; Confidential Information
OUTCOME
Orders for recovery and deletion of information made as sought

Acting for a ‘Big 4’ accounting firm in a claim arising in connection with the performance of transaction advisory services.

PRACTICE AREA
Commercial Litigation; Contractual Disputes; Professional Services
OUTCOME
Successfully resolved by negotiation prior to trial

Acting for a significant agricultural company in its defence of proceedings brought by vendors seeking specific performance of a contract for purchase of broadacre farming property in the south-west region of Western Australia and damages of over $10 million.

PRACTICE AREA
Commercial Litigation; Contractual Disputes; Property Law

Acting for a public company in relation to a successful application (on appeal) to set aside a statutory demand issued by a former director in respect of prohibited termination payments: Apex Minerals NL v Ashley [2013] WASCA 176; and [2012] WASC 499

PRACTICE AREA
Corporations; Insolvency
OUTCOME
Orders as sought made on appeal

Acting for public companies in relation to applications for Court approval of schemes of arrangement: In the matter of Avocet Resources Limited [2013] FCA 496 and (No. 2) [2013] FCA 721; In the matter of Perilya Limited [2013] FCA 1159 and (No. 2) [2013] FCA 1381

PRACTICE AREA
Commercial Litigation; Corporations
OUTCOME
Orders as sought made at first and second court hearings

Acting for a liquidator in a contested application to the Federal Court for directions concerning distribution of insurance proceeds and the liquidator’s remuneration and expenses: Morgan, in the matter of Brighton Hall Securities Pty Ltd (in liq) [2013] FCA 970; (2013) 96 ACSR 232; and (No. 2) [2013] FCA 1228

PRACTICE AREA
Insolvency
OUTCOME
Directions made as sought

Acting for a liquidator in relation to an application for special leave to distribute a surplus in liquidation and for release of the liquidator and deregistration of the corporation: James, in the matter of Woodgamia CDEP Aboriginal Corporation (in liq) [2013] FCA 950

PRACTICE AREA
Insolvency
OUTCOME
Orders made as sought

Advising and acting for various creditors (including an ASX-listed oil and gas exploration and production company, and a large private civil construction company) in relation to claims by liquidators for recovery of alleged unfair preferences.

PRACTICE AREA
Commercial Litigation; Insolvency

Acting for directors of Sons of Gwalia Limited, an ASX-listed mining company which was Australia’s third largest gold producer, following its entry into administration, including proceedings involving Administrators, shareholders, auditors and insurers.

PRACTICE AREA
Commercial Litigation; Corporations; Insolvency; Regulatory and Compliance
OUTCOME
Successfully resolved by private mediation

Acting for the replacement trustee of a superannuation fund in relation to complex WA Supreme Court proceedings concerning recovery action against directors of the former trustee and a number of other defendants in respect of losses of millions of dollars, including successful applications for Freezing Orders and for service outside of Australia.

PRACTICE AREA
Commercial Litigation; Corporations; Declarations and Injunctions
OUTCOME
Successfully resolved by private mediation

Acting for former partners of one of Australia’s largest taxation and accounting firms in inter-related WA Supreme Court proceedings involving claims of restraint of trade and shareholder oppression.

PRACTICE AREA
Commercial Litigation; Declarations and Injunctions
OUTCOME
Successfully resolved by mediation prior to trial

Acting for a listed public company in relation to a dispute concerning the validity of the appointment of a director and company secretary, including successfully defending an application for an interlocutory injunction pending a general meeting of shareholders: Markopoulos v Wedlock [2008] WASC 3

PRACTICE AREA
Commercial Litigation; Corporations
OUTCOME
Injunction application dismissed