Ninth Floor Selborne Chambers’ Post

The members of Ninth Floor Selborne Chambers are pleased to welcome our new reader, Sefton Powrie. Sefton joins us from Gilbert + Tobin, where he was advising on a broad range of commercial, insolvency and insurance law matters as a senior lawyer in the Disputes + Investigations team. Prior to joining Gilbert + Tobin, Sefton was an Associate at Baker McKenzie’s Melbourne office advising and acting for corporate clients and the ACCC.   Sefton accepts briefs in all areas of the law, with an emphasis on: ●       Arbitration ●       Banking & Financial Services ●       Bankruptcy & Insolvency ●       Class Actions ●       Commercial Law ●       Competition & Consumer Law ●       Contracts & Commercial Transactions ●       Corporations Law ●       Insurance & Professional Indemnity ●       Real Property & Strata Disputes ●       Wills & Estates   Sefton can be contacted on 02 8915 2155 or [email protected], or through his Clerk, Ella Baxendale on 02 8915 2101. More information about Sefton, including his CV, can be found at https://lnkd.in/gjQTxpvk.   We all look forward to working with Sefton during his reading year and in the years to come.

Congratulations to Michelle Painter SC for her inclusion in the Doyle's Guide rankings for Leading Wills & Estates Litigation Senior Counsel – New South Wales, 2024. See the full guide here: https://lnkd.in/gHSQDYwA

The Supreme Court of New South Wales (Richmond J) has delivered judgment in David & Ros Carr Holdings Pty Ltd v Ritossa [2024] NSWSC 1125, in which Amir Chowdhury appeared (led by Peter Wood and Tom O’Brien and instructed by Arnold Bloch Leibler) for the successful first and second defendants.    The plaintiffs sought declarations and orders for, among other things, the distribution of net assets of a unit trust to the unit holders and the termination of that trust. The plaintiffs also sought a declaration that the unit trust was terminable on reasonable notice by any of the unit holders. In the alternative, the plaintiffs contended that the affairs of the corporate trustee had been conducted oppressively and sought orders under ss 232 and 233 of the Corporations Act for the winding up of the trustee and the unit trust. In the further alternative the plaintiffs sought the appointment of a receiver to the unit trust pursuant to s 67 of the Supreme Court Act or the inherent jurisdiction of the Court. Each of the plaintiffs’ claims was dismissed with costs. See the full judgment here: https://lnkd.in/gXxqCEv6

A property dispute matter in which Adrian Maroya was involved has made the front page of today’s The Sydney Morning Herald. The landlord and tenant dispute between Wallalong Land Developments Pty Ltd and Charles Joseph Warren, was described as being “lifted from the script of the classic Australian film The Castle”. Read the full article here: https://lnkd.in/gn7fNv4p

The Supreme Court of New South Wales (Slattery J) has delivered judgment in Gemi 193 Pty Ltd v Zhu [2024] NSWSC 1113, in which Andre Zahra SC appeared (leading James Lee of Tenth Floor Chambers and instructed by Amie Crichton and Joshua Carton) for the successful defendant, Mrs Zhu. Justice Slattery rejected financier Gemi's claims against Mrs Zhu in relation to a loan agreement and guarantee procured from her, finding that Gemi's conduct was unconscionable and that Mrs Zhu is entitled to relief setting aside the loan agreement and guarantee by reason of Gemi’s unconscionable conduct and also pursuant to s. 7 of the Contracts Review Act 1980 (NSW). The case demonstrates the sort of conduct by a lender which the courts will not condone and the risk of loan agreements, guarantees and securities being set aside when lenders obtain guarantees in that way. See the full judgment here: https://lnkd.in/gsXWpK-N

Congratulations to Thomas Bagley for his inclusion in the Doyle's Guide rankings for Leading Class Action Barristers - Australia, 2024. See the full guide here: https://lnkd.in/gPsd-Dnd

Thank you to all who came to the AILA’s “Insurers in Court” Mock Trial which was conducted in the Supreme Court Banco Court before the Hon. Justice Cavanagh. The evening was a great success with over 200 insurance and legal professionals in attendance and, with a victory for the (insured) Plaintiff represented by Ninth Floor Selborne Chambers's Andre Zahra SC and Josh Sukkar in an interesting fictional case concerning an insurance claim following the cancellation of a music festival as a result of bushfire dangers. The mock trial case raised a number of interesting legal and factual issues and was based on the real and recent case of Commens t/as Subsonic Music v Certain Lloyd’s Underwriters subscribing to Policy No ALTCNX1900332 (Trial Judgment) [2024] FCA 434 before Jackman J (in which the insured lost!), see: https://lnkd.in/gVm6RUpR   The evening concluded at Verandah Bar, where Insurance Law professionals gathered to discuss their speciality over a glass of champagne. We are very grateful to Marcus Vella for his efforts in ensuring the success of the event.

Andre Zahra SC and Josh Sukkar will be appearing for the Plaintiffs at the upcoming AILA "Insurers in Court" Mock Trial to be conducted before the Honourable Justice Cavanagh on Wednesday 14 August 2024.   The Mock Trial will commence in the Banco Court of the Supreme Court of New South Wales at 5:30pm followed by drinks and canapes at the Verandah Bar. The event will be a great opportunity to network with Insurance Law professionals.   The AILA have just released a limited number of additional tickets after selling out initially. Secure your spot here, https://lnkd.in/grpvBvX2

Phillip Lonergan recently spoke at Tahota Law Firm's seminar based in Xi’an, China. Mr Lonergan gave a presentation on the different approach to Commercial Litigation in Australia and China. He then joined the Partners in a roundtable discussion and answered questions relating to Chinese Enterprises landing in Australia. The seminar was joined by numerous solicitors, directors and entrepreneurs in both countries and was highly regarded amongst attendees. Mr Lonergan will be presenting similar seminars to Australian/Chinese firms over the coming months. If you think your firm could benefit in hearing Mr Lonergan’s presentation, please contact his clerk, Ella Baxendale on +61 2 8915 2101 or [email protected].

Congratulations to Jack Hynes and Ben Koch for being recognised in Doyle's Guide as Leading Insolvency & Restructuring Junior Counsel – NSW, 2024. See the full list here: https://lnkd.in/gpjGA7D8 Jack Hynes was also recently listed as Leading Commercial Litigation & Dispute Resolution Junior Counsel – New South Wales, 2024, see: https://lnkd.in/gav99FpR