Year
For the defendant in a corporations matter. The case involved the question of whether a former non-executive director was entitled to equity-based instruments under the terms of a shareholder resolution – proper construction of shareholders’ resolution – privity of statutory contract. Instructed by Herbert Smith Freehills Kramer.
Renée Enbom KC chaired the Board of Inquiry that was commissioned to inquire into, report on and make any recommendations considered appropriate concerning the causes of a landslide that occurred in McCrae on 14 January 2025. Mark Costello KC, Alexander Di Stefano, and Angela Kittikhoun were council assisting.
Year
For the first plaintiffs in an insolvency matter — urgent application by administrators for extension of time for convening of second meeting of creditors. Instructed by King & Wood Mallesons. Related: Caddy (Administrators Appointed), in the matter of Roberts Co (Vic) Pty Ltd (Administrators Appointed) [2025] FCA 492.
Year
For the plaintiffs in an insolvency matter — application for directions. Instructed by King & Wood Mallesons. Related: Caddy, in the matter of Roberts Co (VIC) Pty Ltd (Administrators Appointed) (No 3) [2025] FCA 569.
Year
Acting for the respondent in a consumer law matter, wherein changes were made unilaterally and without notice to plans. Instructed by King & Wood Mallesons.
Year
For the respondent. Australian Competition and Consumer Act – proper method of assessment. S G Finch SC, with M Costello KC, T Farhall, and M Roberts; instructed by Allens.
Year
For the respondents in a matter concerning commercial arbitration – stay under International Commercial Arbitration Act 1974 – “competence-competence” principle. Instructed by Herbert Smith Freehills.
Year
For the Commonwealth of Australia in an application for judicial review — committee established by Commonwealth legislation to investigate Medicare item charging. Instructed by Clayton Utz.
Year
Acting for the second defendant (Surf Coast Shire Council) in a judicial review of a minister’s strategic planning decision. Instructed by Corrs Chambers Westgarth.
Year
For applicant in an Appeal to Full Court – class action – consumer law claim for defective vehicles – statutory interpretation – test for breach – quantification of loss. Led by W Harris KC and M Costello KC, instructed by Allens.
Year
For plaintiff in a matter concerning a scheme of arrangement. Instructed by Holding Redlich. Following Clemenger Group Limited, in the matter of Clemenger Group Limited [2023] FCA 815.
Year
For plaintiff in a matter concerning a scheme of arrangement. Instructed by Holding Redlich. Followed by Clemenger Group Limited, in the matter of Clemenger Group Limited (No 2) [2023] FCA 974.
Year
For the plaintiff in a contract dispute – sale of business – adjustments – stay pending expert determination. Led by M Costello KC, instructed by Gilbert + Tobin.
Year
For the applicants in a private international law matter. This case involved an application for a stay of proceedings. Led by N Young QC, instructed by Clifford Chance.
Year
Contract dispute in the Supreme Court of Victoria. Resolved.
Year
Acting for the first respondent in a competition matter, concerning rights to access and use certain infrastructure at Port of Newcastle. Led by N Young QC with N P De Young QC; instructed by Clifford Chance.
Year
List A barristers Mark Costello and Anna Batrouney appeared in this case for the plaintiffs; instructed by Herbert Smith Freehills. The plaintiffs, VicBeef Holdings Pty Ltd and Tabro Meat Pty Ltd, entered into security agreements guaranteeing the indebtedness of a third party (SSIE) to the second defendant, Mr Cai, up…
Year
Acting for the respondents in a matter concerning the 2019 Whakaari / White Island eruption. This case involved an anti-suit injunction on the basis of private international law, and questions of contract and agency. Instructed by Gordon Legal.
Year
For the plaintiff in a securities matter concerning financing over aircraft. Unled, instructed by K&L Gates.
Year
Acting for the respondent in a application for judicial review of a decision concerning environmental law. Led by M Brennan QC, instructed by Clayton Utz.
Year
Acting for BGH Capital Pty Ltd, VRG Bidco Pty Ltd and VRG Holdco in a matter concerning corporate restructuring. Led by N Young QC, instructed by Herbert Smith Freehills. Followed by In the matter of Village Roadshow Ltd (No 2) [2020] FCA 1857.
Year
Acting for BGH Capital Pty Ltd, VRG Bidco Pty Ltd and VRG Holdco in a matter concerning corporate restructuring. Led by A Myers AC QC, instructed by Herbert Smith Freehills. Following In the matter of Village Roadshow Ltd [2020] FCA 1669.
Year
Acting for Mr N O’Bryan AM QC, instructed by MinterEllison. Contradictors are commonly appointed to assist the court in determining whether to approve a class action settlement, there being no other party with an interest in, or inclination to, argue against the settlement. What steps can such a contradictor take…
Year
Counsel