Category: Case

Nishad Kulkarni appeared for the successful plaintiff in Rima Abood v Chakib Carlo Gabrielle [2022] NSWSC 912, a real property dispute concerning appointment of trustees for sale.

Michelle Hirschhorn appeared for the successful Commissioner in Kais Jewellery (Syd) Pty Ltd and Commissioner of Taxation [2022] AATA 425, which concerned entitlement to GST input tax credits for purported acquisitions of scrap gold and assessment to tax of a director on cash withdrawals from a company.

Jennifer Hillier appeared for the successful appellant in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd [2022] HCA 11, which concerned liability in negligence for injuries suffered during a sports competition. The decision is the latest word on breach of duty, causation and “obvious risk” under the Civil Liability Act 2002 (NSW).

Stephanie Fendekian appeared for ASIC in Australian Securities and Investments Commission v Caddick [2021] FCA 1443, in which the Federal Court appointed receivers over Ms Caddick’s property and liquidators to her company. Ms Caddick reportedly defrauded investors of almost $24 million.

Stephanie Fendekian and Fiona McNeil appeared for the successful defendants in Sheppard v Smith [2021] NSWSC 1207, a Real Property List dispute concerning a right of way.

John Hyde Page appeared for the successful taxpayer in Addy v Commissioner of Taxation [2021] HCA 34, in which the High Court of Australia unanimously decided that the working holiday maker tax contravened a non-discrimination clause in the Australia-UK tax treaty because it imposed more burdensome taxation due to nationality. The ruling reportedly affects a significant number of foreign workers.

Michelle Hirschhorn appeared for the successful Commissioner in Origin Energy Ltd v Commissioner of Taxation (No 2) [2020] FCA 409, which concerned deductibility of “capacity charges” paid to the NSW state owned electricity generator, either as a general deduction or as “black hole” capital expenditure.

Benjamin Zipser appeared for the successful defendant in Super Vision Resources Ltd v AC Holdings Co Pty Ltd [2020] NSWSC 65, a Commercial List proceeding involving a claim, rejected by the Court, that property sales were voidable because they were made with intent to defraud creditors.

Gregory Drew appeared for the successful applicant in Sealed Air Australia Pty Ltd v Aus-Lid Enterprises Pty Ltd [2020] FCA 29; (2020) 375 ALR 324, in which the Federal Court comprehensively stated the relevant principles concerning tortious inducement of breach of contract.

Benjamin Zipser appeared for the successful respondent in Flourentzou v Spink [2019] NSWCA 315, which concerned the nature of contributions towards a property. The NSW Court of Appeal clarified the law, having accepted Benjamin’s submission on the issue, that in imposing a constructive trust it is not necessary to trace the specific enhancement in property value resulting from a financial contribution.