Commercial Litigation
James has a broad experience ranging from personal injuries to some criminal work as a prosecutor but has chosen to specialise in commercial, media and estate matters. James has particular experience in breach of contract, guarantees, trade practices claims, defamation, employment law, Family Provision, fraud, mareva injunctions and anton piller orders and interlocutory applications generally.
He has done considerable pleadings work and continues to do so.
Current and recent significant matters include:
- Islamic Society of Victoria v Ozyurek & Ors (No 1) [2019] VSC 662 (7 October 2019)
- COSENZA v ROY MORGAN INTERVIEWING SERVICES PTY LTD 2019 SASC 95 6 June 2019
- Xingyou Kong & TST Partners Group Pty Ltd
- Seecamp v Michael Parker Building Pty Ltd (Building and Property) [2018] VCAT 1806 (19 November 2018) ;
- Supreme Court of Victoria
(a) Alleged unfair preferences and uncommercial transactions contrary to the Corporations Act;
(b) Special receiver application to secure benefit of insurance indemnity;
(c) Multi-million dollar residential construction project – alleged entitlement to 10% of profits by salaried worker;
(d) Sexual discrimination (maternity/pregnancy attributes) Federal Court - Alabaster v Alabaster & Ors [2017] VCC 370 (11 April 2017);
- Seven Network (Operations) Limited v Amber Harrison [2017] NSWSC 129 (22 February 2017) an injunction brought by Channel 7 to gag Amber Harrison from criticizing her previous employer. James appeared for Ms Harrison. Considerable media interest in this matter.
See also :-
- Amar Produce Pty Ltd v Fairbank’s Selected Seed Co Pty Ltd & Anor [2016] VCC 1908 (14 December 2016) this was a 12 day trial with over 15 witnesses and significant periods of cross examination and conflicting expert evidence. The Defendant’s witnesses were disbelieved in critical matters. James’ client was awarded over $300,000.
- Bail v Scott-Mackenzie [2016] VSC 563 (20 September 2016) is a significant discreet question on whether children of a biological parent and step-parent who never married can be step children for the purposes of the Administration & Probate Act 1958. Jame’s client was held to be within the class of eligible applicants for family provision. The Defendant has appealed to a three member bench of the Court of Appeal.
- Impact Funds Management Pty Ltd v Roy Morgan Research Ltd [2016] VSC 221 (10 May 2016) a proceeding commencing with a televised (it was silly season) relief against forfeiture application on 21 December, 2015 and following by the trial of $10 million claim against the defendant and counterclaim that was heard for 3 days before His Honour Justice Croft. Neither the claim nor counterclaim were made out. Television cameras were allowed to set up in the court room for the 7.30am hearing against the lock out. ABC footage./media/media/2015/02/VID-20170310-WA0000.mp4_20170310_144436.800.jpg
- Brimelow v Alampi [2016] VSC 135 (8 April 2016) James’ cross examination of the defendant and tactical use of subpoenas resulted in the trial judge ruling that: “..these reasons for judgment are to be referred to the Deputy Commissioner of Taxation at the Australian Tax Office as well as the Minister of the Department of Human Services to take such action as they wish in reviewing the affairs of the defendant” at [110].
- Linkhill Pty Ltd v The Director of the Fair Work Building Industry Inspectorate [2015] HCATrans 340 (11 December 2015) James failed to get special leave from the High Court to appeal a decision of the Full Court to properly credit an employer for paying its staff well over the award on the basis that the argument had not been raised at trial (by different Counsel !). see article here.
- MHM Metals Pty Ltd v Frank Rogers & Anor VID 1272 of 2103, a freezing order for a listed company arising from related party transactions and alleged misappropriation by a past managing director. This ran for three days before Davies J. with James for the Applicant. The Respondent’s two main witnesses were found not to be witnesses of truth. The applicant was awarded $548,581 and $241,262 interest . See judgement here: MHM Metals Ltd v Rogers [2014] FCA 1006 (18 September 2014)
- See The Australian article
- In the matter of Conalpin Pty Ltd , Dolmear Pty Ltd and Ross McDermott SC2012 2905 a rare setting aside of liquidators fees by reason of conflict of interest by Associate Justice Efthim – currently on appeal Conalpin Pty Ltd, Dolmear Pty Ltd vs Ross McDermott.
- Essendon Apartment Developments Pty Ltd v Shaw & Ors [2014] VSC 74 (6 March 2014) a 4 day trial to establish who controlled the corporate owner of a $40 million apartment development: see article here
- Eastern Pearl Corporation v Groundhog Sales and Rentals (Federal Court, Brisbane)
- Rahim v Channel 7 – a defamation claim arising from the Channel 7 program, Today Tonite (County Court)
- Mahon v Mach 1 see decision (NSW Supreme Court defamation proceeding (acting for the defendant, statement of claim successfully struck out and injunction disolved)
- Harding Investments Pty Ltd v PMP Shareholding Pty Ltd (N0.2) [2011] FCA 1370 a shareholder oppression action involving a considerable contest over expert valuation evidence.
- Dr Neil Wallman v Mladenis & Anor [2011] NSWSC 1431, fraud NSW Supreme Court click here
- Morrison & Ors v Capital Finance Pty Ltd [2011] VCC a rare overturning of a 100% a year interest rate clause not on the ground it being an unconscionable penalty at common law and in equity but pursuant to the Trade Practices Act (1974).
- Legacy Resources v Feng Shu Shun Marava and anton pillar orders in the Victorian Supreme Court involving an alleged multi-million dollar fraud originating out of China.
- Several appearances in the Federal Court, Brisbane, involving a multi million-dollar debt. The matter has involved an intricate international tracing exercise and a mareva injunction: Lifetime Investments Pty Ltd v Commercial (Worldwide) Financial Services Pty Ltd. (Click here to go to decisions.)
Acts in a misleading and deceptive conduct claim that was filed in the Federal Court, New South Wales registry. - Cross vesting from Federal Court (Sydney) to Supreme Court of Victoria of proceedings which involve allegations of defamation (click here for decision) and the question is what is “organic”. James appeared in Sydney opposed to Stuart Littlemore QC. Supreme Court proceedings: Snowy Mountains Organic Dairy Products Pty Ltd v ABC & Ors and Snowy Mountains Organic Dairy Products Pty Ltd v Director of Consumer Affairs Victoria. Federal Court proceeding: Snowy Mountains Organic Dairy Products Pty Ltd v Wholefoods & Anor.
James is competent in all jurisdictions, frequently appearing in other States. James spends a great deal of time working with his instructors to develop strategy and always prepares extensively.
- Consumer, Trader and Tenancy Tribunal of New South Wales Decisions – subpoena objection.
- Sutherland (NSW) Local Court – strike out.
- Industrial Relations Commission of New South Wales – unfair contract claim.
James happily appears in country areas taking the opportunity to ride his motorbike.
- Supreme Court of Western Australia: Haoma Mining NL v Gibbs and Insurance Commission of Australia Ltd CACV 71 OF 2017;
- Supreme Court of Appeal South Australia Miller v Miller & Anor SSCIV 15 – 1034
- Supreme Court of NSW Equity Division - Channel 7 v Harrison 2017 - 00045726
