Declan Byrne

Declan acted for an owners corporation seeking the continuation of a freezing order stopping the developer from having recourse to the proceeds from the sale of the last lot in the development and an injunction preventing the purchaser from dealing with the lot (unled): [2024] NSWSC 696.

Declan acted for an owners corporation seeking to amend its claim shortly before expiry of the 10-year long stop (unled): [2024] NSWSC 381.

Declan acted for a plaintiff seeking to amend its Home Building Act 1989 claim following expiry of a limitation period (led by G Sirtes SC). This decision is an important restatement of the applicability of the ‘Onerati Principle’ to these claims: [2022] NSWSC 1123.

Declan acted for a civil contractor in proceedings against a supplier of recycled aggregate. He was successful in striking out proportionate liability proceedings and resisting a subsequent application for leave to amend (led by F Corsaro SC): [2020] NSWSC 598; [2020] NSWSC 1360; [2021] NSWSC 252; [2021] NSWCA 184.

Declan acted for an owners corporation in NCAT proceedings against a developer for breach of statutory warranties under the Home Building Act 1989 (unled against senior and junior counsel). He also helped successfully resisted an appeal by the developer: [2020] NSWCATAP 237.

Declan acted for a developer in Supreme Court proceedings that included interlocutory applications for a separate question and a freezing order: [2017] NSWSC 343 (led by IG Roberts SC).

Declan acted for a superintendent seeking to resist an application to set aside a creditor’s statutory demand based upon a judgment obtained by registering an adjudication certificate (unled against senior counsel): [2021] NSWSC 1705.

Declan acted for a developer who set aside a creditor’s statutory demand based upon a judgment obtained by registering an adjudication certificate (unled): [2023].

In February 2024, Declan acted for an owners corporation in proceedings brought by and against the estate of the penthouse owner and its mortgagee in possession.  The claims and cross-claims were heard concurrently for 8-days in the Supreme Court.  The case concerned outstanding strata levies, challenges to the validity of exclusive use rights and amounts payable for defective works pursuant to by-laws and involved multiple interlocutory applications (Declan led A Sivanathan): [2024] NSWSC 173; [2024] NSWSC 358.

Declan acted for vendors in Supreme Court proceedings who resisted a claim from subsequent purchasers seeking recovery of their forfeited deposit (led by S Goodman SC).

Declan acted for a developer in Supreme Court proceedings concerning an application for permission to rescind off the plan sales contracts under s66ZL of the Conveyancing Act 1919 (led by IG Roberts SC).

Declan acted for a landowner resisting an appeal against an injunction preventing a developer from pursuing a repetitious adjudication under the Building and Construction Industry Security of Payment Act 1999 to adjudication (led by F Hicks SC): [2024] FCAFC 9.

Declan acted for a head contractor on a successful application to permanently restrain a subcontractor from referring a payment claim purportedly issued under the Building and Construction Industry Security of Payment Act 1999 to adjudication (unled against senior and junior counsel): [2023] NSWSC 723.

Declan acted for a plaintiff in proceedings seeking to set aside a determination under the Building and Construction Industry Security of Payment Act 1999 (unled): [2022] NSWSC 1442.

Declan acted for a plaintiff in proceedings seeking to set aside a determination under the Building and Construction Industry Security of Payment Act 1999 (unled): [2022] NSWSC 152.

Declan acted for a subcontractor in proceedings brought by the head contractor to set aside a determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (led by IG Roberts SC): [2020] NSWSC 1423; [2020] NSWSC 1788.

Declan successfully defended a builder when a developer appealed a summary judgment for a statutory debt under the security of payment legislation. The decision resolved conflicting authorities on whether a failure to provide a supporting statement invalidated a payment claim: [2020] NSWCA 93 (led by IG Roberts SC). He also successfully resisted the developer’s application for a stay of execution of the judgment due to insolvency (also led by IG Roberts SC): [2020] NSWSC 659; [2020] NSWCA 118.