Selected cases

Successfully defended two appeals to the Full Court of the FCA relating to an order made by the primary judge striking out parts of a statement of claim on the basis of an abuse of process and related costs order. Costs awarded pursuant to s 570 of the Fair Work Act. 

NCAT Appeal Panel - Costs of appeal - late withdrawal and dismissal of appeal- special circumstances found. Successfully obtained a costs order against the Appellant.

Successfully appeared for the Respondent on an application to strike out a statement of claim. Obtained an order for costs under s 570 of the Fair Work Act on an indemnity basis payable forthwith: Patial v Kailash Lawyers Pty Ltd trading as Kailash Lawyers and Consultants (No 2) [2022] FCA 899

Supreme Court Proceedings 2020/135274 - Interpleader/UCPR r 41.3 - surplus funds paid into court pursuant to first mortgagee exercising power of sale - successfully appeared for the Third Defendant on an application for entitlement to monies paid into court. 

Breach of contract - terms incorporated by previous dealings - estoppel by convention. Successfully defended a claim for damages. 

(led by S. Jacobs) – Costs – Costs on an indemnity basis – alleged wilful disregard of known facts or clearly established law – whether case unduly prolonged by groundless contentions – offers of compromise – whether maximum sum should be specified.

(led by S. Jacobs) – Easements – for right of way – old system sub-division – nuisance – defendant obstructed the plaintiff’s ability to exercise the right of way over an access road appurtenant to her property. There was a subdivision of a large estate in the 1800s where the transfers to the original purchasers included the rights to pass and repass on the roads shown in the original plan of subdivision. At least one of these easements was omitted to be registered in a transfer in the 1900s where the land was qualified title, and the Registrar General then used his powers under s 42 Real Property Act 1900 (NSW) to register the easement. Common ground that the defendant’s conduct constituted actionable nuisance – damages for inconvenience & distress. Whether aggravated damages for nuisance available. 

(led by S. Jacobs) – Land Law – Occupation of commercial premises – lease / licence – option in licence exercised orally for part of premises, so as to allow the Defendant to remain for a further three years; and other related issues including severance of part of agreement relating to determining rental in the option period that is void for vagueness.

(led by P. Bambagiotti) – Successful appeal against the finding of a duty of care owed by a council to a subsequent owner in issuing an occupation certificate - s 18B of the Home Building Act 1989 (NSW).

Supreme Court Proceedings 2017/64574 (led by S. Jacobs) – Successful application to declare vendor’s notice to complete & notice of termination of a contract for sale of land, invalid. True construction/rectification of contract. Order for specific performance and costs granted.

Supreme Court Proceedings 2016/71897 (led by S. Jacobs) – Freezing/Mareva Orders, worldwide freezing orders regarding properties in Australia and Malta.