Equity & Trusts

The barristers of 153 Phillip are experienced equity practitioners who advise and appear frequently in the Equity Division of the Supreme Court of New South Wales as well as other jurisdictions. Our clients include individuals, liquidators and administrators, receivers, trustees and beneficiaries, property owners, builders and developers.

Specific areas of practice include:

  • Director and Shareholder Disputes including directors’ duties, shareholder oppression and derivative applications
  • Partnership and Joint Venture Disputes
  • Corporate External Administration and Insolvency including statutory demands and winding up, voidable transactions, public examinations and applications relating to trust property
  • Trustee and Beneficiary Disputes including applications for judicial advice and to preserve trust property
  • Real Property Disputes including easements, caveats, options, the appointment of trustees for sale, commercial leases and relief against forfeiture
  • Building and Construction Disputes including commercial property and owners corporation claims, security of payment claims, and the duties of building professionals such as superintendents, engineers and sub-contractors
  • Injunctive Relief across all areas including freezing orders and other urgent applications

Recent cases include:

  • Bennett v Strauss [2016] NSWCA 324 – ratification of contract (24 November 2016)
  • In the matter of Ridley Capital Holdings [2016] NSWSC 1801 – application to remove liquidators of the company (14 December 2016)
  • In the matter of TVH Enterprise (Australia) Pty Ltd [2016] NSWSC 1734 – application to amend ASIC register (7 December 2016)
  • Mir Bros v Cavasinni Constructions [2016] NSWSC 1873 – building and construction (21 December 2016)
  • Damcevski v Demetriou [2017] NSWSC 1224 – application to remove caveat (2017] NSWSC 1224 (8 September 2017)
  • Kidu v Fifer  [2016] NSWSC 982 – Equitable estoppel under Waltons v Maher. Unconscionable conduct relied upon to prevent a documentary being shown, interlocutory injunction discharged and proceedings dismissed.