Background
Stephen has over a decade of advocacy experience at the Bar. He has a broad commercial law practice with particular expertise in the areas of banking and
finance, building and construction, corporations and insolvency.
Stephen has appeared in all courts of New South Wales, both unled and led by Senior Counsel. Stephen acts in disputes litigated nationally.
Stephen acts for banks in relation to complex recoveries, insolvency practitioners in voidable transaction proceedings, PPSA claims and liquidator’s examinations.
Stephen has appeared in court proceedings and domestic arbitrations involving commercial building disputes and complex infrastructure disputes, strata
defects claims, proceedings regarding the enforcement of arbitral awards and acted in expert determinations. Stephen acts in adjudications and legal
proceedings regarding the Building and Construction Industry Security of Payment Act 1999 (NSW).
Stephen works closely with his instructing solicitors on all aspects of trial preparation. Stephen has many years of experience of working with experts
across a wide range of professional disciplines.
Prior to coming to the Bar in 2006, Stephen practiced for over 12 years as a solicitor in commercial litigation and insolvency, including as a Senior Associate
at Henry Davis York in Sydney and at Blake Dawson Waldron (now Ashurst) in Melbourne and Perth. Stephen also worked in London as a solicitor on large
scale international fraud litigation and insolvency investigations.
In 2017 Stephen completed a Masters of Laws in Construction Law at the University of Melbourne, where he was awarded the 2014 Piper Alderman Award for Construction Dispute Resolution. In addition, Stephen has the following post graduate qualifications, a Diploma in International Commercial Arbitration (CIArb), a Graduate Diploma in Advanced Insolvency Law & Practice (ARITA), a Graduate Diploma in Applied Finance & Investment (SIA) and completed the Advanced Trial Advocacy Course (ABA).
Focus Areas + Select Cases
Claims for insolvent trading, unfair preferences, breach of directors' duties and breach of fiduciary duties, for example, In the matter of Heavy Plant Leasing Pty Ltd (in liq) [2018] NSWSC, March 2018 (Brereton J)
Claims under the Personal Property & Securities Act 2009 (Cth), for example, In the matter of Production Printing (Aust) (in liq) [2017] NSWSC 505
Winding up application in Re TMTE Group Pty Ltd [2014] NSWSC 1895
Terminated a DOCA in Canadian Solar v ACN 138 535 832 Pty Ltd, In the matter of ACN 138 535 832 Pty Ltd (Subject to a Deed of Company Agreement) [2014] FCA 783
Appeal against the rejection of a proof of debt in proof of debt proceedings in RE Young (in his capacity as liquidator of Great Wall Resources Pty Ltd) (in liq) [2013] NSWSC 879
Lodge Partners Pty Ltd v Pegum (2009) 255 ALR 516 - application to set aside a statutory demand
Acted in proceedings involving product liability claims involving complex machinery and equipment. Main proceedings settled at trial and appeared in interim preservation application in Lisec Australia Pty Ltd v Saramech Pty Ltd [2015] NSWSC 365
Acted in proceedings involving a dispute regarding the enforcement of contractual rights in a complex suite of contracts in which the claim for damages exceeded $20,000,000 in 2016. Appeared unled in interlocutory applications. Case settled at trial.
Stay of enforcement of a foreign judgement in Dawn Jade Ltd v Himanshu Girdhar Dua [2014] NSWSC 1085
Construction of contract terms in Current Images Pty Ltd v Dupack Pty Ltd [2012] NSWCA 99
Appeared in proceedings involving a shareholder oppression claim in which the claim for damages exceeded $40,000,000. Appeared both led and unled in a number of interlocutory applications, including an injunction application in North Coast Transit Pty Ltd [2013] NSWSC 1119. Case settled before trial
Acted for group members in a class action regarding the failure of Storm Financial Ltd and appeared in a stay application in Oliver v Commonwealth Bank
of Australia (No 2) [2010] FCA 755
Proceedings involving defects, variations and set off claims against a major contractor in the Supreme Court of NSW. Case settled before trial
Appeared in arbitration proceedings for an insurer of a gas power plant owner in a $6,000,000 claim regarding plant operation incidents at a power plant, in 2016
Appeared in proceedings to set aside an expert determination, claims for liquidated damages, extensions of time and the release of bank guarantees, in 2015. Case settled before trial
Appeared in proceedings regarding multiple claims arising out of a mine contamination incident, in 2015. Case settled before trial
Application for leave to appeal against declarations and orders to transfers of property being void in Jones v Official Receiver [2017] FCA 1294
French v Provident Capital Ltd (Receivers and Managers Appointed) (in liq) FCCA (Driver J) - set aside a bankruptcy notice
David Young v Capocchiano & Anor [2015] FCCA 3346 - obtained a sequestration order
Tomasetti v Scott [2013] FCCA 1693 - reviewed a trustee's decision
Labraga v Exception Holdings Pty Ltd (in liq) [2009] FMCA 397 - set aside a bankruptcy notice
Stanley Coumanios v Bank of Western Australia Limited [2009] FMCA 486 - set aside a bankruptcy notice
