News
Best Lawyers 2025Congratulations to our eight barristers who were featured in 2025 edition of Best Lawyers for their expertise in various areas of law:
1. The Hon P A Bergin AO SC – Alternative Dispute Resolution
2. Katrina Howard SC – Intellectual Property Law
3. Jack Hynes – Insolvency and Reorganisation Law
4. Mark Newton – Insurance Law
5. Michael Swanson – Shipping and Maritime Law
6. Frank Tao – Insolvency and Reorganisation Law
7. Josh Sukkar – featured on the Ones to Watch list for Insurance Law
8. Andrew Berriman – also featured on the Ones to Watch list for International Arbitration and Litigation
See the listings here. [...]
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![Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd [2025] NSWSC 322](https://9selborne.com.au/wp-content/uploads/2025/04/NMM-ARZ-Linkedin.jpg)
Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd [2025] NSWSC 322On Friday, 4 April 2025, the Supreme Court of NSW (Stevenson J) delivered judgment in Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd NSWSC 322, in which Andre Zahra SC and Nicole Maddocks appeared (instructed by Chris Freeman of Christopher C Freeman & Co) for the successful plaintiff/cross-defendant, Andrews & Andrews Construction Pty Ltd.
The case concerned a construction dispute in relation to a high quality residential development and in which the defendants/owners sought to avoid payment for part of the works. The judgment considered the proper construction of the building contract and, in particular, a special condition which obliged the parties to cooperate to obtain the most competitive price for works to be undertaken and for a minimum of two quotations to be obtained for each item of work. The defendants/cross-claimants argued that the plaintiff had breached the special condition by failing to obtain two quotations for each item and that they were entitled to damages/set-off against the amount owing to the plaintiff. The defendants/cross-claimants also sought to invoke the “facilitation principle” to assist them in seeking to prove their alleged loss, relying on the High Court’s recent judgment in Cessnock City Council v 123 259 932 Pty Ltd HCA 17.
Stevenson J found that, on the proper construction of the special condition, the obligation to obtain two quotations was a joint obligation on all parties, not amenable to suit by one against the other, and that the special condition was merely exhortatory rather than a promissory condition which could be enforced by damages. His Honour otherwise concluded that the defendants/cross-claimants’ attempt to rely upon the facilitation principle (had the Court found that the special condition was breached – which it did not) could not be justified in the circumstances, which included the defendants belatedly first seeking to invoke it in opening submissions made shortly prior to the commencement of the hearing, despite the proceedings having been on foot for a number of years. His Honour concluded that the plaintiff was entitled to judgment for the full amount claimed, together with interest and costs.
See the full judgment here. [...]
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![Naaman v Jaken Properties Australia Pty Limited & Ors [2025] HCA 1](https://9selborne.com.au/wp-content/uploads/2025/02/High-Court.jpg)
Naaman v Jaken Properties Australia Pty Limited & Ors [2025] HCA 1Today, in a decision of great significance for the law of trusts, the High Court dismissed an appeal from a decision of the New South Wales Court of Appeal. John Kelly SC, Simon Shepherd and Adrian Maroya appeared for the successful respondents (who succeeded as appellants in the Court of Appeal). The High Court appeal concerned whether a successor trustee owes a fiduciary obligation to a former trustee in respect of the former trustee’s entitlement to be indemnified out of trust assets (or the commensurate beneficial interest in the trust assets that the former trustee retains) following replacement of the former trustee by the successor trustee.
The High Court (by majority) held that a successor trustee does not owe a fiduciary obligation to a former trustee in respect of the entitlement of the former trustee to indemnification out of the trust assets, or the commensurate beneficial interest that the former trustee has in the trust assets. The majority held that the explanation for that answer lies in the nature of a trustee’s entitlement to indemnification out of the trust assets being an entitlement to have the trust assets applied for the purpose of recouping expenditure or exonerating liability properly incurred by the trustee. Accordingly, the remedies of equitable compensation and account are not available to the former trustee against the third parties.
Read the full judgment here: https://eresources.hcourt.gov.au/downloadPdf/2025/HCA/1 [...]
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Chambers and Partners 2025 Asia Pacific GuidePlease join us in congratulating Katrina Howard SC for being recognised in Chambers and Partners 2025 Asia Pacific Guide. Katrina continues to be the only female silk ranked in Band 1 of the Intellectual Property: The Bar – Australia listings.
See the rankings here. [...]
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Doyle’s Guide – Leading Wills & Estates Litigation Senior Counsel – NSW 2024Congratulations 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. [...]
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Doyle’s Guide – Leading Class Action Barristers – Australia, 2024Congratulations to Thomas Bagley for his inclusion in the Doyle’s Guide rankings for Leading Class Action Barristers – Australia, 2024. [...]
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Australian College of Strata Lawyers 2024 conferenceDavid Knoll regularly presents updates for the profession in the field of Strata and Community Title. His most recent paper, presented on 6 March 2024 at the Australian College of Strata Lawyers 2024 conference was entitled: “Liability for Breach of Statutory Duty”. The focus was primarily on water ingress cases and the capacity of Tribunals to award damages to lot owners, which differs across the Australian States and Territories. A pdf extract can found be here. [...]
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Justice of the Piece – AFRMichelle Painter SC receives a feature in the The Australian Financial Review‘s latest article “Justice of the Piece”.
Her curated chambers and collection of Asian-origin headpieces are displayed alongside the grand collections of The Hon Chief Justice Andrew Bell, The Hon Justice John Sackar KC, The Hon Justice Richard Weinstein SC and Laina Chan of 2 Selborne Chambers.
Explore the collections of the Bench and Bar in the full article here. [...]
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![Liprini v Thirdi William Street Pty Ltd [2023] NSWSC 1375](https://9selborne.com.au/wp-content/plugins/wp-latest-posts/img/default-image.svg)
Liprini v Thirdi William Street Pty Ltd [2023] NSWSC 1375Junioring Frank Hicks SC, Michael Swanson successfully defends his client against security for costs in a representative proceedings. Justice Ball was asked to considered whether security for costs should be awarded against the lead applicant in a representative proceedings arising out of a residential construction development. The lead applicant and group members did not have the benefit of a litigation funder. The Court declined to make an order for security for costs as it would not have made one against the lead applicant or each of the group members if they had brought proceedings individually. The decision considers the relevance of UCPR 42.21 to representative proceedings and the role of litigation funders when ordering security for costs.
Read the full judgement here: https://www.caselaw.nsw.gov.au/decision/18bc6230c0c755f20bad5a88 [...]
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Doyle’s Guide Leading Professional Indemnity Senior Counsel and Junior Counsel – New South Wales, 2023We are pleased to announce Andre Zahra SC and Mark Newton have been listed in the latest edition of Doyle’s Guide‘s Leading Professional Indemnity Senior Counsel and Junior Counsel – New South Wales, 2023.
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Journal of Property, Planning and Environmental LawDavid Knoll AM’s article entitled: “Quality standards for tribunal decision making in strata disputes” has been published by the Journal of Property, Planning and Environmental Law this month.
The article analyses decisions across Australia in which tribunal decisions are appealed by reason of the poor quality of the decision making. Knoll contends that the impact on community living of uncorrected poor quality tribunal decisions can be immense, depending on the degree of error. For example, water ingress into people’s homes might remain unremedied for many years.
Read the online version here. [...]
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Artificial Intelligence CPD – Wednesday 13 SeptemberNinth Floor Selborne Chambers would like to invite you to our upcoming virtual CPD on Artificial Intelligence, presented by Sam Adair, Phillip Lonergan and Josh Sukkar, and chaired by Michelle Painter SC.
The event will be hosted via zoom on Wednesday 13 September at 1:00pm. We hope you to see you there.
To dial in, please use the following link: https://us02web.zoom.us/j/84700238025
To be sent a calendar invitation, please contact the clerk, Ella Baxendale, at ebaxendale@selbornechambers.com.au.
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Doyle’s Guide Leading Insolvency & Restructuring Junior Counsel – NSW 2023Congratulations to Jack Hynes for his preeminent ranking in the 2023 listing of Leading Insolvency & Restructuring Junior Counsel in NSW.
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We are pleased to welcome our new reader, Josh Sukkar.Josh joins us from Barry. Nilsson. Lawyers, where he was a Senior Associate acting and advising on insurance coverage, public and products liability, construction and property damage, commercial transactions and professional indemnity disputes.
Josh accepts briefs in all areas of the law, with a particular emphasis on:
– Insurance and Reinsurance (incl. coverage and dual insurance disputes)
– Professional Negligence
– Common Law (incl. Personal Injury, Intentional Torts, and Products Liability)
– Consumer Protection and Trade Practices
– Building and Construction
– Regulatory Prosecutions
– Contracts and Commercial Transactions
– Real Property
– Corporations Law
Josh can be contacted on 02 8915 2133 or jsukkar@selbornechambers.com.au, or through his Clerk, Ella Baxendale on 02 8915 2101.
We all look forward to working with Josh during his reading year and in the years to come.
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Best Lawyers 2024Congratulations to Katrina Howard SC, who has been recognised in the 2024 edition of Best Lawyers Australia for her work in Intellectual Property law.
We would like to extend our thanks to the peers that voted for Katrina.
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Welcome Sam Adair!Ninth Floor Selborne Chambers is delighted to announce a new addition to our floor – Sam Adair!
Sam is a leading barrister in the areas of insurance law and professional liability. His strong commercial practice includes matters in building and construction law, class actions, consumer protection, contracts, corporations law, ADR, real property, strata law and trusts.
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Andre Zahra SC successfully defends client, Sparke Helmore, in NSW Court of AppealAndre Zahra SC, and his junior Jonathan Burnett from 11 Wentworth Chambers, successfully defended their client, Sparke Helmore, in the NSW Court of Appeal against claims of professional negligence for allegedly failing to remind a client of advice they had already given. The Court of Appeal overturned the judgment of the primary judge and dismissed all claims against Sparke Helmore with costs, following the “general rule” that a solicitor is not negligent in failing to remind a client of advice already given or to advise the client of what the client already knows.
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Ian Faulkner SC and David Knoll AM successfully defend stolen money claim brought by Westpac.Westpac had claimed that their client, a Greek machinery manufacturer, A. Giamouridis P.C., had received $12.6 million obtained fraudulently from the bank by Bill Papas, and that the client was required to pay that money back to the bank under the rule in Black v S Freedman & Company (1910) 12 CLR 105. However, in defending the claim they submitted that all of the funds were used to pay for machines that were ordered, and that their client was wholly innocent of any knowledge of breach of trust by Mr Papas and his companies. Part way through a three week hearing, the case against Giamouridis settled today, 10 February 2023, with the bank’s claim dismissed, and Giamouridis not paying any money to the bank.
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We are delighted to see our barrister’s listed in The Legal 500 Asia-Pacific 2023 rankings.Katrina Howard SC has been recognised as a Leading Silk in TMT and IP law, with Andre Zahra SC and Thomas Bagley being recognised as Leading Senior and Junior Counsel in Commercial Disputes.
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Doyle’s Guide’s Leading Professional Indemnity Senior Counsel – New South Wales, 2022We are pleased to announce Andre Zahra SC has been listed as Recommended in the latest edition of Doyle’s Guide‘s Leading Professional Indemnity Senior Counsel – New South Wales, 2022
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Doyle’s Guide’s Leading Insolvency & Restructuring Junior Counsel – Australia, 2022We are pleased to announce Jack Hynes has been listed as Preeminent in the latest edition of Doyle’s Guide‘s Leading Insolvency & Restructuring Junior Counsel – Australia, 2022.
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Doyle’s Guide’s list of Leading Class Actions Barristers – Australia, 2022Congratulations to Thomas Bagley, who has been recognised in Doyle’s Guide‘s list of Leading Class Actions Barristers – Australia, 2021
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Admin Law CPDPlease join us for a virtual CPD on Admin Law, presented by Michelle Painter SC, Garry McGrath SC, Nicole Maddocks and Phillip Thomas.
https://us02web.zoom.us/j/4877166073?pwd=bkxEN0VXd1VQcEZBb2pSU1I0cnpHdz09
Password: 9SelbCPD
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Doyle’s Guide’s list of Leading Intellectual Property Senior Counsel – New South Wales, 2022.Congratulations to Katrina Howard SC has been recognised in Doyle’s Guide listing of Leading Intellectual Property Senior Counsel – New South Wales, 2022.
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“Leading light” Katrina Howard SC presented on important recent cases in which she has been involved as part of the Super Patent Session at The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) Annual Conference last week.Ninth Floor Selborne Chambers is very proud to have had Katrina represent the floor and women in the patent profession. [...]
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Congratulations to Mark Newton for being listed as Preeminent Doyle’s Guide list of Leading Professional Indemnity Junior CounselThe 2021 listing of leading New South Wales Professional Indemnity Junior Counsel details counsel practising within the areas of professional indemnity and negligence matters in the Insurance legal market who have been identified by the state’s defendant insurance and plaintiff personal injury lawyers for their expertise and abilities in these areas. [...]
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2 Congratulations to Mark Newton for being listed as Leading Junior Counsel on the Doyle’s Guide list of Leading Professional Indemnity Junior Counsel- New South Wales, 2020The 2020 listing of leading New South Wales Professional Indemnity Junior Counsel details counsel practising
within the areas of professional indemnity and negligence matters in the Insurance legal market who have been
identified by the state’s defendant insurance and plaintiff personal injury lawyers for their expertise and abilities in … [...]
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Best Lawyers 2026We’re proud to celebrate ten of our barristers who have been recognised in the 2026 edition of Best Lawyers for their outstanding expertise across a range of practice areas.
Congratulations to:
The Hon P A Bergin AO SC – Alternative Dispute Resolution
Katrina Howard SC – Intellectual Property Law
Jack Hynes – Insolvency and Reorganisation Law
Ben Koch – Banking and Finance and Insolvency and Reorganisation Law
Mark Newton – Insurance Law
Michael Swanson – Shipping and Maritime Law
Frank Tao – Insolvency and Reorganisation Law
Josh Sukkar – Insurance Law (Ones to Watch)
Andrew Berriman – International Arbitration and Litigation (Ones to Watch)
Sefton Powrie – Insolvency and Reorganisation Law (Ones to Watch
View the full listings here. [...]
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Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd [2025] NSWSC 322On Friday, 4 April 2025, the Supreme Court of NSW (Stevenson J) delivered judgment in Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd NSWSC 322, in which Andre Zahra SC and Nicole Maddocks appeared (instructed by Chris Freeman of Christopher C Freeman & Co) for the successful plaintiff/cross-defendant, Andrews & Andrews Construction Pty Ltd.
The case concerned a construction dispute in relation to a high quality residential development and in which the defendants/owners sought to avoid payment for part of the works. The judgment considered the proper construction of the building contract and, in particular, a special condition which obliged the parties to cooperate to obtain the most competitive price for works to be undertaken and for a minimum of two quotations to be obtained for each item of work. The defendants/cross-claimants argued that the plaintiff had breached the special condition by failing to obtain two quotations for each item and that they were entitled to damages/set-off against the amount owing to the plaintiff. The defendants/cross-claimants also sought to invoke the “facilitation principle” to assist them in seeking to prove their alleged loss, relying on the High Court’s recent judgment in Cessnock City Council v 123 259 932 Pty Ltd HCA 17.
Stevenson J found that, on the proper construction of the special condition, the obligation to obtain two quotations was a joint obligation on all parties, not amenable to suit by one against the other, and that the special condition was merely exhortatory rather than a promissory condition which could be enforced by damages. His Honour otherwise concluded that the defendants/cross-claimants’ attempt to rely upon the facilitation principle (had the Court found that the special condition was breached – which it did not) could not be justified in the circumstances, which included the defendants belatedly first seeking to invoke it in opening submissions made shortly prior to the commencement of the hearing, despite the proceedings having been on foot for a number of years. His Honour concluded that the plaintiff was entitled to judgment for the full amount claimed, together with interest and costs.
See the full judgment here. [...]
Read more...
Congratulations to Mark Newton for being listed as Leading Junior Counsel on the Doyle’s Guide list of Leading Professional Indemnity Junior Counsel- New South Wales, 2020The 2020 listing of leading New South Wales Professional Indemnity Junior Counsel details counsel practising
within the areas of professional indemnity and negligence matters in the Insurance legal market who have been
identified by the state’s defendant insurance and plaintiff personal injury lawyers for their expertise and abilities in … [...]
Read more...
Congratulations to Andre Zahra SC and Mark Newton for their recognition in the latest edition of Doyle's Guide, as Leading Professional Indemnity Senior Counsel and Junior Counsel in New South Wales, 2024.
See the Senior Counsel rankings here.
See the Junior Counsel rankings here.
We 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 powrie@selbornechambers.com.au, or through his Clerk, Ella Baxendale on 02 8915 2101. More information about Sefton, including his CV, can be found here.
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.
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.
