Publications & Judgments
Wills, Estates & Elder Law
Execution and Use of Powers of Attorney, presentation at International Legal Ethics Conference VII, New York
Polo Enterprises Australia Pty Limited v Pinctada Hotels and Resorts Pty Limited & Anor  NSWSC 1518
Joint venture agreement to hold an event – whether party who offers an unaccepted first right of refusal has an exclusive right to hold the event in the future.
Medland & Masson-Lamond (2014) Family Court of Australia
Parenting orders – the father opposed the relocation of the child and sought orders for the mother and child to remain in Australia.
Polo Enterprises Australia Pty Ltd v Pinctada Hotels and Resorts Pty Ltd  NSWCA 397
Joint venture agreement to conduct beach polo event – whether term should be implied to give business efficacy to clauses in joint venture agreement.
Polo Enterprises Australia Pty Ltd ABN 30117622 v Pinctada Hotels and Resorts Pty Ltd  NSWSC 756
Issue estoppel – attempt to relitigate issue after interlocutory judgment on separate question.
Temporary Holding Clubs (No. 1 and 2) v CCSR (NSWSC, resolved)
John de Mestre & Co represented the “Panthers” Group – Club amalgamation – Registered Clubs Act 1976 – stamp duty exemption.
Steen & Steen and Anor  FamCA 427 (2 June 2016)
Settlement in relation to marriage – determination of asset pool division based on unequal financial contributions.
Elford v Minty  NSWSC 1455 (27 October 2017)
Joint venture dispute – the plaintiff sought the taking of joint venture accounts.
Elford v Minty (No. 2)  NSWSC 1643 (29 November 2017)
Cross-vesting – where inappropriate for interrelated issues in proceedings to be determined by separate courts.
Labonte & Labonte  FamCA 433 (5 July 2019)
Spousal maintenance – the husband sought a discharge of spousal maintenance orders, but the wife opposed the application.
Barrett v Maradaca Pty Ltd  NSWSC 440
Misleading conduct under statute – the plaintiff sought orders for payment of a security fund held in escrow against the possibility of a breach of warranty claim by the buyer.
Di Gregorio v Ohanessian  NSWDC 100
Appeal on grounds of procedural fairness – claim that Assessor failed to acknowledge evidence in dispute over pet ownership.
Wormald v Maradaca Pty Ltd  NSWCA 307
Application for gross sum costs order – where gross sum costs order was not sought by the applicants when an earlier application to vary the original costs orders was made.
Novelly v Tamqia Pty Ltd  NSWSC 1607  NSWCA 307
Lease dispute – the tenant sought specific performance of the landlord’s repair covenants in the lease of a residential penthouse.
Spagnolo v Parramatta Leagues Club Ltd  NSWSC 112
Plaintiff sought interlocutory injunction before the 2023 AGM restraining the defendant from treating him as ineligible for election to the board. Interlocutory relief refused.
Novelly v Tamqia Pty Ltd (No 2)  NSWSC 1091:
Contempt motion dismissed where applicant expressly particularised but failed to establish contumacious breaches of undertakings.
Novelly v Tamqia Pty Ltd (No 3)  NSWSC 1235:
Party/Party costs dispute resolved that plaintiff applicant to pay defendant respondents’ costs.