Background

Garth was admitted as a legal practitioner in 2004. He practiced for over 13 years as a commercial litigation solicitor prior to being called to the bar in 2017. Experienced in building and construction, general commercial, regulatory, patent and defamation matters, Garth is also qualified in Science, with a focus on mathematics, computer science and electrical engineering.

Garth has worked in both private practice and as an in house solicitor for a multi-national construction company, and has advised and acted for a number of major corporate entities, international banks, and private clients. Garth has acted in a range of general commercial matters in all jurisdictions in NSW, and in the Federal and High Courts of Australia. Garth has written extensively in academic legal journals.

Prior to his legal career, Garth worked as a quantitative analyst for a leading merchant bank, a computer programming consultant, and as the creative director of a television station in the US. Garth brings over 15 years technical knowledge and experience to his practice as a barrister.



Focus Areas + Select Cases

In the matter of Australian International Yacht Club Limited [2020] NSWSC 1884 – Successfully prosecuted a claim for leave to bring a derivative action claim on behalf of the majority shareholder/director to prosecute a claim against the other director/shareholder.

Schieb -v- Burnheim [2020] NSWSC 254 – Successfully defended a s 66G Conveyancing Act 1919 application for the division and sale of a property by trustee, and prosecuted a claim for damages due to breach of contract for failure to obtain water rights in relation to a jointly purchased rural property.

C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2020] NSWCA 103 – appeared unled for C&V Engineering in the Supreme Court of NSW Court of Appeal in relation to an allegedly repudiated building contract. While the client was unsuccessful, the Court of Appeal commented favourably on Garth’s advocacy on its behalf at [43].

Windowline Pty Limited v The Owners Corporation SP 44333 [2020] NSWCATCD – Successfully prosecuted claim by Owners Corporation against the builder of defective windows in unit block.

Boulus Constructions Pty Ltd v Warrumbungle Shire Council – Supreme Court proceedings on behalf of a builder against the Council for unpaid amounts under the construction contract involving claims for latent conditions in relation to asbestos, delay costs, and a cross-claim for damages and delay. Currently before the Supreme Court of NSW.

Dr. Gerry Markezinis v Abacus Group Holdings Limited et ors – Supreme Court of NSW claim for damage to property resulting from poor construction practices on a neighbouring property. Resolved through mediation.

St Basil’s Homes v Doveria Pty Ltd – defending a claim for unpaid amounts under a contract to perform IT services, including network design, installation and configuration in a number of aged care facilities. Prosecuting a claim for defective works. Currently before the Supreme Court of NSW.

Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd – acting for applicant in Federal Court proceedings in relation to breach of copyright and contract claims. Currently reserved pending decision.

McDonald v Clifton – acting for plaintiff in NSW Supreme Court contract claim proceedings for one fuel distribution joint venture partner against another. Currently before the Court.

Money -v- Nationwide News Pty. Limited – Acted for plaintiff in Federal Court claim. Resolved prior to final hearing.

Traljesic -v- Yahoo!7 Pty Ltd (solicitor) – Acted for defendant in Supreme Court claim of defamation via incorrect photo use.

Muhm -v- Stevens (solicitor) Acted for plaintiff in District Court action against publisher of newsletter.

Has advised on various matters and settled numerous concerns notices.


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