Ben appears and advises corporate, government and insurer clients in various building and infrastructure disputes. Ben has appeared in various jurisdictions throughout Australia as well as in arbitrations here and overseas. Some of the significant matters Ben has been involved with include:
Appeared for the defendant in a long-running dispute concerning the proper scope of special privileges afforded by way of a common property rights by-laws pursuant to s.142(b) of the Strata Scheme Management Act 2015 and its intersection with Part 6 Division 1 of that Act. An appeal was subsequently heard by the Supreme Court of New South Wales with decision pending.
Appeared for a leading engineering contractor in a heard in Australia and Dubai. It concerned a purported breach of the honesty and fairness obligation contained within standard form clause 23 of AS2124-1992 (with Mr Corsaro SC).
Acted for a building contractor in relation to purported failure to comply with s. 13(8) of the Building and Construction Industry Security of Payment Act 1999 (NSW) and related offences under the Crimes Act 1900.
Appeared for a large engineering firm in a dispute concerning the collapse of part of the Lane Cove Tunnel (with Mr Miller SC).
Appeared with a team of solicitors, barristers and trial advocates from NSW, Hong Kong and New York on behalf of an EPC contractor. The dispute was conducted pursuant to the Rules of Arbitration of the International Chamber of Commerce (ICC), with Singapore being the seat of the Arbitration. The value of the competing claims exceeded US $1-billion and provided an excellent opportunity to work with leading industry experts from across the globe (with Mr Corsaro SC).
Appeared for a building and construction company in relation to a dispute arising from the purported repudiation of a joint venture deed for a multi-level mixed residential and commercial development (with Mr Corsaro SC).