Andrew Martin

Barrister

Called to the Bar: 1 October 2009

Areas of Practice

  • Alternative Dispute Resolution
  • Appellate
  • Building & Construction
  • Commercial
  • Corporations
  • Equity
  • Estate / probate & wills
  • Insolvency
  • Leasing
  • Mortgage & Property
  • Partnership
  • Property
  • Tax / revenue
  • Trusts

Selected Decisions:

Nadinic v Drinkwater

Citation: [2017] NSWCA 114
Description: An appeal concerning rescission of a deed of settlement and a registered mortgage for alleged fraudulent misrepresentation; difference between fraud at common law and in equity; obligation to confront witness in cross-examination – inability to make findings of fraud consistent with but going beyond case advanced at trial – whether “fraud unravels all” – discretionary considerations attaching to rescission for fraudulent misrepresentation


In re: Evolvebuilt Contracting Pty Ltd

Citation: [2017] NSWSC 901
Description: An application by a liquidator for the recovery of unfair preferences from numerous defendants; ‘mothership’ proceedings; liquidators’ claim failed as a result of not being able to establish that payments made to defendants were in fact made by company in liquidation; consideration of what amounts to a preference where intermediaries/third parties involved in the making of the impugned payments; whether diminution in assets necessary to demonstrate preference


Attorney General of New South Wales v Homeland Community Ltd

Citation: [2015] NSWCA 15
Description: A case involving charitable trusts and the proper construction of a number of trust deeds; the rule in Saunders v Vautier – application by attorney-general for cy-pres scheme successfully resisted at first instance; appeal by attorney- general also dismissed


In the matter of Connections Total Fitness for the Family Pty Limited (administrator appointed) [2014] NSWSC 75 (7 February 2014)

Citation: [2014] NSWSC 75
Description: A successful application to set aside a resolution to execute a DOCA, under s600A of the Act where the resolution was passed by related parties


In the matter of Canberra Eye Hospital Pty Ltd (Administrator Appointed)

Citation: [2015] NSWSC 1215
Description: An application by a voluntary administrator to extend the convening period.


In the matter of Bestcare Foods Ltd (subject to a Deed of Company Arrangement)

Citation: [2014] NSWSC 1831
Description: A successful application to resist a deed administrators’ remuneration from being subject to a review under s449E of the Act.


Telfer v Fairfax

Citation: [2016] NSWSC 60
Description: A competing equitable interests claim arising out of a deceased estate


In the matter of Auswide Projects Limited (Administrator Appointed) and Auswide Services Limited (Administrator Appointed) [2014] NSWSC 1905 (7 October 2014)

Citation: [2014] NSWSC 1905
Description: A successful application to extend the convening period under s 439A where complex valuation issues arose and a significant potential for a deed of company arrangement


About me

Andrew has a BA/LLB, as well as an LLM (Hons.) from Sydney University. Prior to coming to the bar in 2009, he worked in a number of boutique tax and insolvency firms in the Sydney CBD. His practice is extensively focused on Corporations Act matters as well as tax and equity. Andrew is fluent in German and to a lesser degree French and Italian.