Joshua Knackstredt was called to the Bar in 2007. He specialises in providing high-quality advocacy and advice to a broad range of clients in litigious matters involving commercial/ equity, corporations, real property/ construction and insolvency/ bankruptcy law. He has appeared both led and unled in the NSW Supreme Court, NSW Court of Appeal and Full Federal Court, as well as in other courts both in NSW and interstate, and in various statutory tribunals.
Joshua graduated from Macquarie University with First Class Honours in Law in 2005 and since then has completed a Master of Laws at the University of Sydney.
Prior to being called to the Bar, Joshua worked as Tipstaff to the Hon. Justice R P Austin of the Supreme Court, following which he was employed as
a solicitor at Clayton Utz.
Joshua was awarded first place in the Bar examinations and was also the recipient of the Dean’s Award for Outstanding Academic Achievement (Macquarie, 2005) and Alumni Award to a Recent Graduate for Distinguished Service (Macquarie, 2009). He was President of NSW Young Lawyers in 2008.
Joshua has had a number of business interests outside of the law, including part-ownership and a directorship in a Sydney-based technology company. He is also a Member of the Australian Institute of Company Directors. These external projects have been of significant value to his legal practice, as they have given him hands-on knowledge and experience of the practical reality of commercial life.
Focus Areas + Select Cases
Omaya Investments Pty Ltd v Project Lawyers NSWSC 1394 – application under s 472 of the Legal Profession Uniform Law and the Court’s inherent
jurisdiction for delivery up of a solicitor’s file subject to a lien.
Super Vision Resources Ltd v Xu NSWSC 389 – proceedings involving the enforcement of a guarantee, where positive defences alleging misleading conduct and unconscionability were advanced by the defendant.
Singh v De Castro NSWCA 241 – appeal from a District Court decision upholding a loan guarantee, involving various alleged legal and factual errors, including questions of capacity and onus.
Healthcare Australia v Randstad  NSWSC 1407 – proceedings to restrain recruitment services being provided in alleged breach of a restraint arising out of a sale of business agreement, involving questions of contractual construction.
Ryde Developments Pty Ltd v Property Investors Alliance Pty Ltd  NSWSC 728;  NSWSC 829 - application for leave to withdraw admissions and discovery in complex proceedings involving potential application of s 55 of the Property, Stock and Business Agents Act.
Burabs Holdings Pty Ltd v Alexander Dennis (Australia) Pty Ltd  NSWSC 1182 – commercial dispute arising out of a share sale agreement for a large bus manufacturer.
Granger v Murdoch Books Pty Ltd  FCA 909 – decision on appropriate Orders to be made arising out of the settlement of proceedings for infringement of copyright, misleading or deceptive conduct and infringement of moral rights.
BOS International (Australia) Ltd v Babcock & Brown International Pty Ltd  NSWSC 1382 – breach of contract and contractual interpretation of facility agreement involving a loan of in excess of A$3 billion.
Corbett v Corbett Court Pty Ltd & Ors  FCA 1176 – oppression occasioned by share issue in closely-held family company.
B J McAdam Pty Ltd & Ors v Jax Tyres Pty Ltd & Ors (No 5)  FCA 358 – application for strike out of a Reply and limiting the use of evidence in the context of a complex derivative oppression suit (see also  FCA 643;  FCA 1438;  FCA 1438).
In the matter of Wan Jia (Australia) International Development Pty Ltd  NSWSC 1007 – application for s 237 derivative leave.
Golden J Wealth Pty Ltd v AC Holdings Co Pty Limited NSWSC 1342 – possession proceedings involving impact on freezing orders made in related
Ta Lee Investment Pty Ltd v Antonios NSWCA 24 – appeal in relation to a claim for specific performance of a sale of land contract, raising issues of indefeasibility, the nature of a ‘right to caveat’, adverse inferences and valid methods of payment.
Fisher-Pollard v Fisher-Pollard NSWSC 500 – proceedings alleging unconscionable conduct and undue influence in the context of a real estate transaction, involving issues of capacity.
Bradstreet & Ors v Merrin Developments NSWSC 1559 – injunction proceedings arising out of a large off-the-plan development involving multiple plaintiffs and defendants and various common law and statutory claims.
Lum v M V Developments (Lane Cove) Pty Limited (in liq)  NSWSC 1248 – application for extension of caveat and specific performance in circumstances where developer placed into liquidation.
Meriton Apartments Pty Ltd v Owners – SP 72381 (No. 2)  NSWSC 819;  NSWSC 202 – dispute between owners corporation and developer/ caretaker, involving contractual termination and breach of fiduciary duty issues.
Allsvelte Pty Ltd v Cassegrain Wines Pty Limited  NSWSC 1370 – case involving a claim for relief against forfeiture of a lease.
Owners – SP 72381 v Meriton Apartments Pty Ltd  NSWSC 442 – adoption of referee’s report in relation to building defects.
Owners – SP 76502 v Waterpoint Shepherds Bay Pty Limited  NSWSC 1129 – application to enforce a settlement of building defect proceedings.
Meriton Apartments Pty Ltd v Owners of the Strata Plan No 72381 NSWSC 1037 – application for discovery in the context of a complex strata dispute involving allegations of breach of fiduciary duty
The Owners of Strata Plan 75633 v Axiom Property Consulting Pty Limited NSWSC 1542 – breach of contract, negligence, detinue and conversion by a former strata manager
Super Vision Resources Ltd v Xu  FCCA 758 – bankruptcy application brought by multi-million creditor in respect of unpaid construction
Super Vision Resources Ltd v AC Holdings Co Pty Ltd  NSWSC 65 – application to set aside alienation of property under s 37A of
the Conveyancing Act, in the context of the liquidation and receivership of a property development company
In the matter of Denham Constructions Pty Ltd  NSWSC 1425 – application for adjournment of winding up application in context of administration and proposed DOCA.
Aravanis (Trustee), in the matter of Gillespie (Bankrupt) v Gillespie  FCA 630 – application by bankruptcy trustee for access to sale proceeds of a property formerly owned by a bankrupt, in circumstances where the property was subject to a constructive trust.