Mark Hoffmann QC

Mark Hoffmann QC

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M +61 419 809 874
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Admitted

Admitted to practice in South Australia, Western Australia, New South Wales, Northern Territory, Victoria and Federal and High Courts

Academic Qualifications

University of Adelaide
Bachelor of Laws (Honours)

Areas of Practice

  • Commercial Litigation
    • Contractual Disputes
    • Corporations and Securities Law
    • Estate Matters
    • Insolvency, Bankruptcy and Liquidation Law
    • Professional Negligence and Tortious Claims other than Personal Injury
    • Public Law - Judicial Review
    • Trade Practices and Competition Law
    • Trusts and Equity

Professional Experience

1987 Associate - Supreme Court of South Australia Justices Matheson and Cox
1988 - 1989 Solicitor - Thomson Simmons & Co
1989 Senior Associate - Thomson Simmons & Co
1989 - 1991 Senior Associate - Fisher Jeffries
1991 - 2001 Partner - Fisher Jeffries
2000 Chairman of Partners - Fisher Jeffries
2002 Barrister - Edmund Barton Chambers
2003 Barrister - Bar Chambers
2006 Queen's Counsel - Bar Chambers

 

Recent Litigation

Since joining the Bar I have been retained as Counsel in a range of commercial matters including:

  • Numerous insolvency related claims for and against liquidators/external administrators arising out of the collapses including:

    • Gartner Wines Pty Ltd (Receivers and Managers Appointed)
    • Norman Wines Ltd (In Liq) (Receivers and Managers Appointed)
    • Harris Scarfe Ltd (In Liq)
    • Mercorella Ponzi Scheme
    • Adelaide Lending Centre Ponzi Scheme
    • Reseau International Trading Ponzi Scheme
    • Australian Motor Finance Ltd (Receivers and Managers Appointed)
    • Environinvest Ltd (In Liq) (Receivers and Managers Appointed)
    • Great Southern Ltd (In Liq) (Receivers and Managers Appointed)

  • Project and other litigation arising out of insolvencies, contractual or joint venture disputes and alleged misleading and deceptive conduct referred to below.

  • Acting for Elders Forestry Ltd – 2009 – 2010:

(Formerly Integrated Tree Cropping Ltd) in proceedings arising out of a shareholder’s agreement with Timber Corp in respect of the Albany Woodchip terminal.

    • ITC Ltd v Timbercorp Ltd (In Liq) (2009) 76 ACSR 467
    • Elders Forestry v BOSI Security Services Ltd (2010) 80 ACSR 122
    • Elders Forestry v BOSI Security Services Ltd (No 2) (2010) 271 LSJS 100; [2010] SASC 226

  • Acting for ABB Ltd in relation to:

    • A claim against Grain Pool Pty Ltd arising out of their joint marketing agreement for international sales of grain.  Successfully settled at mediation before Mr Ian Callinan QC.
    • Defending a claim by a grower partnership in respect of grain futures contracts and prosecuting counter claims in to enforce certain of them.  Indemnity costs of trial ordered in ABB’s favour.
    • Rooney v ABB Grain Ltd [2010] FCA 1392
    • Rooney v ABB Grain Ltd (No 2) [2011] FCA 231

  • Acting for Straits Exploration Pty Ltd and Quasar Resources Pty Ltd in judicial review proceedings:

    • Starkey v State of South Australia (2011) 111 SASR 537

  • Acting for Blue Energy Ltd and Icon Energy Ltd in respect of disputes in the Federal Court arising out of Farm in Agreements.

  • Acting for Ausbulk Ltd in dispute arising out of negotiation of consent orders in the context of failed construction contract:

    • Ewing International Limited Partnership v Ausbulk Ltd [2009] SASC 317
    • Ewing International LP v Ausbulk Ltd (No 2) (2009) 267 LSJS 107; [2009] SASC 381
    • Ewing International LP v Ausbulk Ltd [2010] SASC 142

  • Numerous complex estate and trust disputes in substantial family groups.

  • Numerous claims arising out of rail accidents.

  • Acting for Elders Ltd in a dispute in relation to a distribution contract for agricultural inputs:
    • Elders Ltd v Incitec Pivot Ltd [2006] SASC 99

  • Acting for Australian Agricultural Company Limited in a claim for misleading and deceptive conduct and breach of an alleged process contract by an unsuccessful tenderer:
    • Australia Agricultural Company Ltd v AMP Life Ltd and Another [2006] FCA 371

  • Acting for Radio Rentals Ltd successfully defending an action by the ACCC alleging unconscionable conduct:
    • ACCC v Radio Rentals Ltd (2005) 146 FCR 292

  • Acting for Coonawarra Premium Vineyards Limited and Southcorp Wines Pty Ltd respectively in disputes arising out of grape supply contracts:

    • Coonawarra Premium Vineyards Limited v Nugan Group Pty Ltd [2005] SASC 42; [2006] SASC 5
    • Sunset Vineyard Management Pty Ltd v Southcorp Wines Pty Ltd [2006] VSC 234
    • Sunset Vineyard Management Pty Ltd v Southcorp Wines Pty Ltd [2008] VSCA 96

  • Acting for Metcash Limited, Coles Myer Limited and Western Mining Corporation Pty Ltd in disputes with respective landlords as to the construction and interpretation of leases.

  • Acting for a designer/manufacturer in a claim arising out of allegedly defective wine cask taps – claim successfully settled at mediation:

    • Scholle Industries Pty Ltd v AEP Industries (NZ) Ltd & Anor (2004) 237 LSJS 350

  • Acting for a group of investors in a retirement village development involving claims of misleading and deceptive conduct and breach of fiduciary duty by promoters and trustees:
    • Todber Pty Ltd and others v Glendale RV Syndication Pty Ltd and Others (2004) 211 ALR 390

  • Defending Macquarie Bank Ltd in claims of breach of contract, negligence and misleading and deceptive conduct by brokers/financiers:
    • David Benson Nominees Pty Ltd v Dicksons Ltd and Another [2005] SASC 97
    • Stringer v Dicksons Ltd & Another [2005] SASC 98

  • Numerous shareholder disputes:
    • Incitec Ltd; DI Fishing Pty Ltd; York Civil Pty Ltd; Northline Freight Pty Ltd; Louminco Pty Ltd.

  • Schemes of Arrangement:
    • Incitec Ltd/Pivot Limited; BRL Hardy Limited/Constellation Brands Inc; Minotaur Resources Limited/Oxiana Limited; Gropep Limited/Novozymes SA; Flinders Ports.

  • Corporate Control disputes:
    • Flinders Diamonds Ltd/Tiger International Resources
    • Toll Holdings Limited/Patrick Corporation Ltd

  • A prosecution instructed by ASIC of a banned director for contempt:
    • ASIC v Reid [2004] FCA 1506
    • ASIC v Reid [2005]FCA 1274
    • ASIC v Reid (2005) 55 ACSR 152
    • ASIC v Reid [2006] FCA 699
    • ASIC v Reid [2006] FCA 700
    • Reid v ASIC [2006] FCAFC 185 (appeal subsequently abandoned)
    • Ewing International Limited Partnership v Ausbulk Ltd [2009] SASC 317
    • Ewing International LP v Ausbulk Ltd (No 2) (2009) 267 LSJS 107; [2009] SASC 381
    • Ewing International LP v Ausbulk Ltd [2010] SASC 142
  • Representing individuals and firms subject of regulatory investigations.

Insolvencies

  • J N Taylor Holdings Limited (In Liq) – 1991-2001

The JN Taylor group collapsed with a deficiency of $250 million.  Initially retained as solicitor and junior Counsel for minority preference shareholders in seeking acquisition of shares under the Takeovers Code, subsequently proceeding for the appointment of provision of liquidators.  [See Zempilas v JN Taylor Holdings Limited (No 2) (1990) 3 ACSR 103 and numerous related decisions.] Principal solicitor and junior Counsel for liquidators.  Investigations including numerous examinations resulted in litigation in Australia, England, New Zealand and Jersey involving claims against directors, third parties for knowing assistance in breach of trust, insurers and challenges to securities. 

    • Pascoe Limited (In Liq) v Lucas (1999) 33 ACSR 357
    • Fenbury Limited (In Liq) v HSBC (1996) 189 LSJS 348
    • Pascoe v DFC [1994] 3 NZLR 62
    • JN Taylor Holdings Ltd v Bond and American Home Assurance (1993) 59 SASR 432 (the first occasion where joinder of an insurer to an action by a plaintiff not party to the insurance policy was permitted)
    • Re Bell Group Ltd And Anor (1997) 25 ACSR 707 and Westpac v Totterdell (1998) 20 WAR 150 (disputed proof of debt) 
    • Re JN Taylor Holdings Ltd (In Liq) [2007] SASC 193 direction re settlement.  This administration also involved a number of hearings in the High Court of Australia.  Recoveries resulted in a full return to creditors and a dividend to shareholders

  • Southern Equities Corporation Limited (In Liq), formerly Bond Corporation Holdings Limited (SECL) – 1993-2002

SECL Collapsed with a deficiency exceeding AUD$2 billion.  I was principal solicitor in all aspects of the winding up of SECL until my retirement from Fisher Jeffries in June 2001.  During this period I was assisted by personnel of Fisher Jeffries and in particular Jason Karas (now of Lipman Karas) in the investigation and prosecution of numerous claims on behalf of the liquidator.  Investigations including numerous examinations (in Australia, England, USA, Jersey, Canada and The Bahamas) resulted in a number of significant legal actions and substantial recoveries.  Numerous contested examinations.  [See: SECL; Re Caboche v England (1997) 25 ACSR 394.  In the context of the proceedings against the family of Alan Bond (Action No 113 of 1996)], I appeared as Counsel and was successful in obtaining Mareva Orders enjoining dealings in a large residential sub-division in Brisbane, Queensland.  See:

    • SECL v Bond (No 3) [2000] SASC 318
    • Caboche v SECL [2001] SASC 55 (Full Court)

The trial of the proceedings in SECL v Bond commenced in February 2001 and ultimately settled at the end of March 2001 with a full recovery to the administration.  I appeared as Counsel at the trial in this regard.  See:

    • SECL v Bond (2001) 78 SASR 554

In the context of the investigation of SECL’s claim against its former auditors Arthur Andersen in respect of their conduct of the audit of the 1988 accounts of SECL, I and those assisting me, made extensive use of the Liquidator’s examination powers in Australia and by way of letters of request in England and the United States.  Invariably the orders for examination were challenged in Australia, the United States and England.  Each of the challenges were successfully defeated and examinations/depositions conducted.  In England, Arthur Andersen were initially successful in resisting the Liquidator’s letter of request for orders for assistance under section 426 of the English Insolvency Act. The decision of Judge Weeks QC was appealed and the English Court of Appeal unanimously upheld the appeal, and ordered the examination of a partner of Arthur Andersen based in London.  See:

    • England v Smith [2001] Ch 419.  In excess of $300 million recovered for creditors

  • Bell Group NV (In Liq) – 1996-2001

Bell Group NV is a Netherlands Antilles subsidiary of the Bell Group Limited (In Liq).  I was principal solicitor (assisted by Jason Karas) and Junior Counsel for the liquidator, Garry Trevor until my retirement from Fisher Jeffries.  Investigations including examinations resulted in a number of actions in the Supreme Court of Western Australia.  Substantial recoveries were achieved from litigation brought against directors and auditors, Coopers & Lybrand, in the Supreme Court of Western Australia. See:

    • Bell Group NV v Aspinall (1998) 19 WAR 561

  • Normans Wines Limited (In Liq) – 2002-2005

Normans Wines was a publicly listed wine company with operations nationally and internationally.  Retained as Counsel supervising solicitors and accountants in the investigation of the collapse and claims against auditor Deloitte Touche Thomatsu and former directors. Numerous examinations of auditors, directors, officers, and various third parties. See:

    • Harvey v Burfield (2004) 88 SASR 541

Preparation and prosecution of a claim for AUD$20 million arising out of the audits of the accounts of Normans for the financial years 1995 through 1999.  Claim successfully resolved following a mediation in late 2004 resulting in substantial recoveries for convertible note holders and unsecured creditors.

  • Gartner Wines Pty Limited (Receivers and Managers Appointed) (In Liq) – 2002-2004.

Gartner Wines was one of a group of thirteen companies controlled by the Gartner family, the largest private land owners in the Coonawarra District of South Australia. Retained as Counsel in all aspects of the matter.  The receivership involved some AUD$30 million and was extensively contested there having been numerous transactions seeking to put assets beyond the receivers.  Thirteen Federal Court, Supreme Court and District Court actions brought by or against the receivers (or their appointor) were successfully resolved following a mediation in March 2004.  See:

    • Gartner v Ernst & Young (No 2) [2003] FCA 1436
    • Gartner v Ernst & Young (No 3) [2003] FCA 1437
    • D’Arrigo v Carter (2003) 44 ACSR 162
    • Carter v Gartner (2003) 130 FCR 94
    • Gartner v Carter [2004] FCA 258
  • ASIC v Mercorella 2005 - 2011

Mr Joe Mercorella conducted an unregistered managed investment scheme or “ponzi scheme” which collapsed in July 2005 with a deficiency of some $80 million.  Retained as counsel for the liquidators.  Numerous examinations conducted.  Proceedings to set aside securities and for recovery of assets commenced.  See: 

    • Australian Securities and investments Commission v Mercorella (No 2) (2006) 230 ALR 598; [2006] FCA 763
    • Australian Securities and Investments Commission v Mercorella (No 3) (2006) 58 ACSR 40
    • Australian Securities and Investments commission v Mercorella (No 4) [2006] FCA 873
    • Sobey v Nicol and Davies [2007] FCA 921
    • Sobey v Nicol and Davies (2007) 245 ALR 389; [2007] FCAFC 136
  • Harris Scarfe Limited (In Liq) 2005 - 2009  

Harris Scarfe was a South Australian based retailer with operations in all States save Queensland and the Northern Territory.  Retained as Counsel for 30 creditors defending unfair preference claims.

    • Re Harris Scarfe Ltd (In Liq) (2006) 203 FLR 46
    • Davies v Chicago Boot Co Pty Ltd (No 2) [2007] SASC 12 (Full Court)
    • Gazal Apparel Pty Lt d v Davies and Others [2007] SASC 91 (Full Court)
    • Dwyer & Anor v Canon Australia Pty Ltd and Others [2007] SASC 100
    • Dwyer & Anor v R-Jay Pty Ltd (2007) 62 ACSR 287
    • Re Harris Scarfe (in liq) and Harris Scarfe Wholesale Pty Ltd (in liq) No 2 [2007] SASC 186
    • Re Harris Scarfe (in liq) and Harris Scarfe Wholesale Pty Ltd (in liq) No 3 (2008) 65 ACSR 616
    • Ansell Ltd & Ors v Davies and Ors (2008) 67 ACSR 356 (Full Court)
    • Ansell Ltd & Ors v Davies [2008] HCA Trans 373 (High Court – special leave granted)

claims favourably settled following the grant by the High Court of special leave to appeal in respect of the construction of s 588FF(3) of the Corporations Act 2001.

  • Australian Motor Finance Ltd (Receivers & Managers appointed) 2009-2011

Retained as counsel for Receivers & Managers of AMFL Craig Crosbie and Daniel Bryant of PPB a provider of subprime motor vehicle finance (with a book of $60 million) in respect of:

    • Proceedings in Federal Court action VID 247 of 2009 against directors of AMFL and related entities.  Summary judgment obtained against directors.
    • Investigation of the collapse of AMFL involving the creation of some 900 fictitious loans by executive directors of AMFL, including the conduct of numerous examinations of directors, officers and auditors.
    • Investigations of conduct of the audits of AMFL by Bentleys MRI.  Conduct of examinations of engagement personnel before Federal Court.
    • Proceedings in Federal Court action VID 356 of 2011 in respect of the conduct of the 2007 audit of AMFL.  Proceedings successfully settled at mediation July 2011.

Crosbie v Bryant

    • Crosbie v Bryant [2009] FCA 707
    • Crosbie v Bryant [2009] FCA 1100

AMFL v Angeleri

    • AMFL v Angeleri [2009] FCA 370
    • AMFL v Angeleri (No 2) [2009] FCA 1046
    • AMFL v Angeleri (No 3) [2010] FCA 1431
    • AMFL v Angeleri (No 4) [2011] FCA 285

Ponzi Schemes

Acting for liquidators in relation to the investigation of Ponzi Schemes.

    • Mercorella (losses $100 million)
    • Adelaide Lending Centre (losses $60 million)
    • Reseau International Trading (losses $100 million)

Project Litigation

  • Duke Group Ltd (In Liq) v Arthur Young (Reg) 1989-1991

Acting for liquidator in action for negligence against Arthur Young arising out of the preparation out of s12(g) report in respect of the reverse takeover of Kia Ora Gold NL by Duke Holdings Ltd.  Solicitor assisting and Junior Counsel in relation to the opening and business records aspects of the trial which proceeded for 16 months prior to settlement. See:

    • Duke Group Ltd (In Liq) v Arthur Young (Reg), Peat Marwick Hungerfords (1990) 55 SASR 11; (1991) 3 ACSR 147.
  • JN Taylor Holdings Limited (In Liquidation) v Bond, Mitchell and Oates 1991-1995

Principal solicitor and junior Counsel in action against directors for breach of their statutory and fiduciary duties.  Insurer subsequently joined as a defendant in the proceedings.  Proceedings successfully resolved following six weeks of trial.  See:

    • Bond v JN Taylor Holdings Ltd (1992) 57 SASR 38 (Full Court);
    • JN Taylor Holdings Ltd v Bond and American Home Assurance (1993) 59 SASR 432 (Full Court)
  • T O’Connor Holdings Ltd (Receiver & Manager appointed) v Ernst & Young - 1992

Acting for Ernst & Young in relation to Receiver’s investigation/examination of the audit of T O’Connor Holdings Ltd.  No action pursued.

  • Executor Trustee Australia Limited and Ors v KPMG Peat Marwick Hungerfords – 1993-1996

Audit negligence action arising out of the collapse of Excel Finance Corporation Ltd (Receivers and Manager appointed). Retained as principal solicitor and Junior Counsel for the trustee for debenture holders in Excel Finance seeking $35 million in damages.  The litigation was successfully settled following four months of trial with a very substantial recovery to the plaintiffs.  See:

    • Executor Trustee Australia Ltd & Others v Peat Marwick, Hungerfords (reg) (1994) 63 SASR 393
  • Independent Resources Ltd (In Liq) (“IRL”) v Ernst & Whinney; Spargos Mining NL v Ernst & Whinney – 1994-1995

Retained as principal solicitor on behalf of Ernst & Whinney in respect of a claim by the Liquidator of IRL in the Supreme Court of South Australia seeking damages of $100 million for alleged negligence in the preparation of an independent expert’s report and a claim in the Supreme Court of Western Australia by Spargos Mining NL for $15 million, again for alleged negligence in connection with the preparation of an independent expert’s report.  The claim of the Liquidator was successfully defended and resolved prior to trial for less than 1% of the amount claimed.  A similar result was achieved in relation to the Spargos Mining NL claim.

  • Beneficial Finance Corporation Limited (“BFC”) v Price Waterhouse – 1993-1997

Retained in late 1993 as a consultant to the Attorney-General of South Australia as principal solicitor and Junior Counsel for Beneficial Finance Corporation Limited in proceedings against Price Waterhouse for alleged negligence in the conduct of some six annual and half yearly audits of BFC.  This engagement involved my investigating and preparing on very short notice (together with David Cross of Ernst & Young) a statement of claim to avoid the effluxion of statutory time limits and thereafter my supervision of a group of some twenty solicitors and clerks employed and/or retained by the South Australian Crown Solicitor’s Office for the purpose of the conduct of this claim.  The action not only involved some six audits, but losses arising out of some ninety separate loan transactions.  A number of contested interlocutory disputes were argued including disputes in relation to access to the professional indemnity insurance of Price Waterhouse.  Ultimately the claim was resolved in 1997 together with a claim against KPMG by the State Bank of South Australia for some $120 million and other consideration.  See:

    • BFC v Price Waterhouse (1996) 68 SASR 19 
  • Southern Equities Corporation Limited (In Liq) (SECL) v Arthur Andersen – 1995-2002

From 1994 until my retirement as a partner of Fisher Jeffries in June 2001 I was principal solicitor and appeared as Junior Counsel on behalf of SECL  in proceedings against Arthur Andersen.  These proceedings arose out of Arthur Andersen’s audit of the 1988 accounts of SECL and involved some nineteen different transactions, many of which were extremely complex.  Responsible for supervising a number of personnel at Fisher Jeffries and liaising with independent experts from Ernst & Young, Price Waterhouse Coopers, Deloitte Touche Thomatsu and Edwards Marshall & Co.  Retained as Junior Counsel to Allan Myers QC at the trial of this action together with Mark Livesey.  The trial proceeded for five months before settling on 21 May 2002 for a substantial sum, the amount of which is confidential.  See:

    • Southern Equities Corporation Ltd (In Liq) v Arthur Andersen (1997) 70 SASR 166
    • Southern Equities Corporation Ltd (In Liq) v Arthur Andersen (No 9) [2002] SASC 118
    • Southern Equities Corporation Limited (In Liq) v Arthur Andersen (No 10) (2002) 82 SASR 53
    • Southern Equities Corporation Limited (In Liq) v Arthur Andersen (No 11) (2002) 82 SASR 63
  • Futuris Corporation Limited v IAMA Limited and Wesfarmers Limited – 2000-2001

Dispute in respect of takeover of IAMA Limited.  Retained as principal solicitor and Junior Counsel.  Proceedings before the Supreme Court of South Australia alleging breaches of chapter 6 of the Corporations Act by Wesfarmers Ltd and oppression of the Futuris Corporation Ltd subsidiary New Ashwick by IAMA.  Proceedings against Iama Limited for inspection orders pursuant to s247A of the Corporations Act. The litigation was successfully resolved in early 2001.  See:

    • New Ashwick Pty Ltd v Wesfarmers Ltd (2000) 35 ACSR 263
  • Futuris Corporation Limited v Incitec Limited and Orica Limited – 2002-2003

Dispute involving three listed companies.  Briefed as Counsel by Fisher Jeffries and worked full time on the matter between September 2002 and the end of January 2003.  Three actions:

    • Application in the Supreme Court of South Australia to inspect books of Incitec.  Orders for inspection made in favour of Futuris.  See Acehill Investments Pty Ltd v Incitec Ltd [2002] SASC 344.
    • Contested application opposing approval of a scheme of arrangement pursuant to section 411 of the Corporations Act in the Supreme Court of Victoria.  Incitec scheme dismissed with Incitec to pay Futuris’ costs.  See Re Incitec Ltd [2002] VSC 538
    • Proceedings in the Supreme Court of South Australia for oppression of minority shareholders against Incitec pursuant to sections 232 and 233 of the Corporations Act.  Orders for the appointment of a new sub-committee to conduct Incitec’s affairs made.  See Acehill Investments Pty Ltd v  Incitec Ltd (No 2) (2003) 85 SASR 45

  • Flinders Diamonds Ltd v Tiger International Resources Inc – 2003-2004

Dispute involving a relevant agreement between substantial shareholders in breach of chapter 6 of the Corporations Act.  Proceedings commenced to enjoin proposed meeting of members to remove incumbent board, to restrain the furtherance of the relevant agreement and for dispositions of shares. 

    • Flinders Diamonds Ltd v Tiger International Resources Inc (2003) 45 ACSR 608; (2004) 88 SASR 281

  • K & S Corporation Ltd v Another v KPMG & Others, 2007 – 2009

Acting for KPMG in defending claims by K & S Corporation Ltd of alleged breaches of contractual, statutory and tortious duties by KPMG as auditors consequent on defalcations by its CFO Mr Craig Telford.   Proceedings successfully resolved following a mediation.

    • K & S Corporation Ltd & Anor v KPMG & Others [2009] SASC 24

  • Landmark Operations Ltd v J Tiver Nominees Pty Ltd 2006 – 2010

Acting for Landmark Operations Ltd in proceedings to recover debts of some $12 million and related securities.  Defences of alleged misleading and deceptive and unconscionable conduct.  Cross claim for alleged Agronomic negligence.  Numerous interlocutory disputes, injunctions to restrain dealings with crops and proceeds of crops.  Counsel at trial of some 3 months duration.  Judgment for Landmark and cross-claim dismissed.  Numerous subsequent contested hearings in Supreme and Federal Courts in the course of enforcing judgment.   

    • Landmark Operations Ltd v J Tiver Nominees Pty Ltd (2008) 255 LSJS 163; [2008] SASC 133
    • Landmark Operations Ltd v J Tiver Nominees Pty Ltd [2008] SASC 322
    • Landmark Operations Ltd v J Tiver Nominees Pty Ltd [2009] SASC 14
    • Landmark Operations Ltd v J Tiver Nominees Pty Ltd [2009] SASC 118
    • Landmark Operations Ltd v J Tiver Nominees Pty Ltd [2009] SASC 185
    • Landmark Operations Ltd v J Tiver Nominees Pty Ltd [2009] SASC 273
    • Landmark Operations Ltd v J Tiver Nominees Pty Ltd [2009] SASC 329
    • Landmark Operations Limited v Phyllis Blanche Taylor ADG218 of 2009
    • Landmark Operations Ltd v J Tiver Nominees Pty Ltd and Ors (No 3) [2009] SASC 329
    • Landmark Operations Ltd v J Tiver Nominees Pty Ltd (No 4) [2010] SASC 20
    • Tiver v The Official Trustee in Bankruptcy [2010] FCA 620

  • Graziano v Graziano – 2007-2010

Dispute concerning termination of a partnership between brothers operating a substantial transport business.  Counsel successfully defending a four week District Court trial and interlocutory appeal in respect of plaintiff’s application to re-open its case and rulings in respect of evidence.  Counsel successfully defending plaintiff’s appeal. 

    • Graziano v Graziano [2009] SADC 132
    • Graziano v Graziano [2008] SASC 142
    • Graziano v Graziano [2010] SASCFC 76; (2010) 273 LSJS 553

  • Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA – 2007-2011

Dispute as to the supply and installation of an allegedly defective Olive Oil processing line.  Alleged breach of contract and misleading and deceptive conduct in relation to the capabilities of the processing line.  Claim for damages in excess of $30 million.  Counsel for respondent Flottweg instructed by Baker McKenzie in defending 9 week trial in Federal Court of Australia, and appeal.  Applicant’s application and appeal dismissed.  Subsequent applications for indemnity costs, lump sum assessment of costs and costs against Director personally.

    • Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 4) (2009) 255 ALR 632
    • Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 5) [2009] FCA 571 – orders for indemnity costs of trial in favour of Flottweg
    • Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA [2010] FCAFC 62
    • Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 6) [2011] FCA 688 – order for lump sum costs.
    • Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 7) 281 ALR 535 – non-party costs order against Director of Olivaylle.

  • SA Water – United Water International Pty Ltd 2009 – 2012

Dispute arising out of contract entered into in 1995 whereby SA Water outsourced the management and provision of services in respect of South Australia’s water infrastructure.  Initially litigation in Supreme Court of South Australia in respect of 5 yearly pricing adjustments.  Litigation resolved on basis pricing dispute referred to expert determination.  Expert determination of pricing for two 5 year periods by Lonergan Edwards.  Engaged by Crown Solicitor as counsel for SA Water in litigation and expert determination.

    • SA Water Corp v United Water International Pty Ltd [2009] SASC 383

  • Environinvest Ltd (Receivers & Managers appointed) (in liq) v Webster & Ors 2011 – 2013

Retained as counsel for liquidator of Environinvest in respect of the investigation, preparation and prosecution of proceedings against the former auditors of Environinvest a promoter of managed investment schemes for Blue Gums, broad acres crops and cattle.  Conduct of numerous Part 5.9 examinations before Supreme Court of Victoria and prosecution of proceedings in VID 1383 of 2011 of Gordon J in Federal Court.  Favourably settled day 2 of trial June 2013.

    • Environinvest Ltd (recs and mgrs apptd) (in liq) v Former partnership of Webster, White, Gridley, Nairn, Newman, Peters and Miller t/as HLB Mann Judd (Vic Partnership) (2012) 208 FCR 376

  • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd & Anor 2009 – 2014

Counsel together with Allan Myers QC for first respondent Quasar Resources in 5 actions (3 in Supreme Court of South Australia and 2 in Federal Court of Australia) arising out of joint venture between Alliance and Quasar in respect of the Four Mile Uranium deposit 600km north of Adelaide in the Northern Flinders Ranges.  Challenge to validity of determination of chair of Joint Venture Management Committee.  Claim dismissed.  Proceedings alleging breaches of alleged fiduciary duties arising out of entry into a Native Title Mining Agreement resolved.  Proceedings for pre-action discovery and declarations as to ownership of Joint Venture records – claims, appeal and special leave dismissed/refused.  Action seeking to set aside an agreement to extent the earn in period in respect of EL2874 by reason of alleged breaches of contract, fiduciary duties, breach of equitable duty of confidence, misleading and deceptive conduct.  Discontinued on morning of 2 month trial.  Respondents party/party costs paid.

    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2010] SASC 266; (2010) 272 LSJS 45
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2010] FCA 1415
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2011] SASC 90; (2011) 275 LSJS 166
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd (No 2) [2011] SASC 92; (2011) 275 LSJS 191
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2011] SASCFC 64
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd (No 3) [2011] SASC 171
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2012] FCA 290
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2012] FCA 291
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd (No 2) [2012] FCA 507
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd (No 3) [2012] FCA 812
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2013] FCAFC 29
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2013] HCATrans 215
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd (No 4) [2013] FCA 1044
    • Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd (No 5) [2013] FCA 1045

Corporate Control Disputes

  • Magnacrete Limited
    See Magnacrete Ltd v Douglas-Hill and Anor (1988) 48 SASR 567
  • Poseidon Limited
    See TNT Australia Pty Ltd v Normandy Resources NL (1989) 53 SASR 156.
  • Iama Limited
    See New Ashwick Pty Ltd v Wesfarmers Limited (2000) 35 ACSR 263.
  • Flinders Diamonds Limited
    See Flinders Diamonds Limited v Tiger International Resources Inc (2004) 88 SASR 281.
  • Patrick Corporation Limited