Background

Edward Cox was called to the Bar in 2001. Edward appears in commercial disputes in the Supreme, Federal and District Courts. He also appears in appeals, inquiries and arbitrations (Commercial and Sport). He has extensive experience in international commercial disputes, including arbitration. 

His practice includes maritime, transport and private international law. Edward regularly appears in general commercial disputes, including Corporations Law, Insolvency, Equity, Trusts and Probate.

Edward is listed as a leading Junior Counsel in the Chambers & Partners, Who’s Who Legal and Doyles Transport/Shipping Reviews of the Australian Bar. Edward has previously lectured in private International Law at Macquarie University, and regularly gives papers for CPDs and conferences. He also advises on and sits as an arbitrator in sports disciplinary proceedings concerning sailing.



Focus Areas + Select Cases

Semantic Software Asia Pacific Ltd v Ebbsfleet Pty Ltd [2018] NSWCA 12 - (Contract, whether remedy identified was exclusive remedy, misleading and deceptive conduct, procedural fairness)

Action Workforce Pty Ltd v Excel Supply Chain Pty Ltd [2017] NSWCA 321 (Contract of guarantee and indemnity, effect of settlement on damages)

Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2016] FCA 1131 (Challenge to arbitral award under International Arbitration Act)

Morris v McConaghy Australia Pty Ltd [2018] FCA 435 - (Private international law, claim to wind up foreign corporation on just and equitable ground, jurisdiction, forum non-convenient, anti-anti suit injunction)

British Marine Plc v Wollongong Coal Ltd & Jagatramka [2015] FCA 303 (Contract to guarantee charter party, whether contract capable of acceptance, Australian Consumer Law, breach of warrant of authority, estoppel, ostensible authority and reliance, whether claim apportionable, contributory negligence)

Morris v McConaghy Pty Ltd [2018] FCA 435 (Private international law, claim to wind up foreign corporation on just and equitable ground, jurisdiction, forum non-convenient, anti-anti suit injunction)

Re Elsmore Resources [2016] NSWSC 856 (Listing on ASX, breach of trust regarding share subscriber fees, Contracts Review Act)

Toll Holdings Ltd v Stewart [2016] FCA 256 (Sale of Goods, insolvency)

Multicfbm (Asia Pacific) Pty Ltd v Han [2008] NSWSC 1339; 69 ACSR 106 (Corporations Act, whether proceedings a nullity, challenge to solicitor’s retaine)

Action Workforce Pty Ltd v Excel Supply Chain Pty Ltd [2017] NSWCA 321 (Contract of guarantee and indemnity, effect of settlement on damages)

The Ship “Sam Hawk” v Reiter Petroleum Inc[2016] FCAFC 26 (Foreign maritime lien, Admiralty Act 1988 (Cth), whether the Privy Council decision in the Halcyon Isle [1981] AC 221 applies in Australia, jurisdiction, supply of bunkers subject to US law maritime lien, choice of law, characterisation).

Delaware North Marine Experience Pty Ltd v The Ship “Eye Spy” [2017] FCA 708, [2017] 2 Lloyds Law Rep 463 (Admiralty, bareboat charter, damages for excessive security, s.34 Admiralty Act 1988(Cth))

Shagang Shipping Co Ltd v Ship Bulk Peace[2014] FCAFC 48, [2015] FCA 682 (Arrest of ship as security for arbitral award of USD66,356,281, application to set aside arrest for want of jurisdiction, meaning of ‘owner’, beneficial ownership under Admiralty Act 1988, damages for wrongful arrest under s.34)

Newcastle Port Corp v The Owners of the Ship Magdalene [2013] NSWLEC 210 (Marine Pollution Act 1987, spill of 72,000 litres of heavy fuel oil, fine $1.2 million)

Cro Travel Pty Ltd v Australian Financial Management Pty Ltd [2018] NSWCA 153 (Whether freight forwarder's house bills of lading were misleading and deceptive in the hands of a financier, rights in negotiable bills of lading, Sea Carriage Documents Act 1997 (NSW), rights of a pledgee in unendorsed bills of lading, liability for breach of warranty of authority)


Notable Cases

Semantic Software Asia Pacific Ltd v Ebbsfleet Pty Ltd [2018] NSWCA 12 (Contract, whether remedy identified was exclusive remedy, misleading and deceptive conduct, procedural fairness)

Cro Travel Pty Ltd v Australian Financial Management Pty Ltd [2018] NSWCA 153 - Whether freight forwarder's house bills of lading were misleading and deceptive in the hands of a financier, rights in negotiable bills of lading, Sea Carriage Documents Act 1997 (NSW), rights of a pledgee in unendorsed bills of lading, liability for breach of warranty of authority.

Morris v McConaghy Pty Ltd [2018] FCA 435 (Private international law, claim to wind up foreign corporation on just and equitable ground, jurisdiction, stay on forum non-convenience ground, anti-anti suit injunctions)

Delaware North Marine Experience Pty Ltd v The Ship “Eye Spy” [2017] FCA 708, [2017] 2 Lloyds Law Rep 463
 (Admiralty, bareboat charter, damages for excessive security, s.34 Admiralty Act 1988(Cth))

Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2016] FCA 1131 - Challenge to arbitral award under International Arbitration Act



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