David O’Connor

Barrister

D P O’Connor
Curriculum Vitae


2005, Admitted as a legal practitioner by the Supreme Court of NSW.

2008, Completed Bar exams and NSW Bar Practice Course.

2008, May intake, commenced practice at the NSW Bar.

Appeal cases


In the High Court of Australia

Special leave applications:

Motor Vehicle Insurance Ltd v Breen and Ors [2016] HCASL 156 (21 July 2016)

Lead by J C Kelly SC successfully resisted an application for special leave to appeal from the NSW Court of Appeal. The appeal involved questions relating to financial services, contract and corporations’ law.

Haddad v Allianz Australia Insurance Limited [2015] HCASL 250 (17 December 2015)

Lead by I Jackman SC, successfully resisted an application for special leave to appeal from the NSW Court of Appeal. The appeal involved questions relating to insurance law.

Hoy Mobile Pty Limited v Allphones Retail Pty Limited [2009] HCASL (14 October 2009)

Lead by D A Smallbone, unsuccessful application for leave to appeal from the full Federal Court. The appeal involved questions of Trade Practices law.

In the NSW Court of Appeal:

Breen v Clough [2018] NSWCA 172

Leading F McNeil, question of whether leave to appeal necessary, subject matter of appeal less than $100K, the law of trespass and nuisance considered.

PND Civil Group v Bastow Civil Constructions Pty Ltd [2017] NSWCA 159 (27 June 2017)

Leading F McNeil, building and construction, question of breach of compromise agreement, whether point adequately raised in the court below.

B & R Stevens v Burkitt [2016] NSWCA 250 (14 September 2016)

Lead by G Sirtes SC, contract, the validity of a ‘side deal’ not recorded in the written contract.

Naaman v Sleiman [2015] NSWCA 259 (1 September 2015)

Lead by J C Kelly SC, contract of employment, question of whether wages payable upon termination of contract.

Woodlawn Capital v MVIL [2015] NSWCA 227 (7 August 2015)

Lead by J C Kelly SC, financial services, contract, and corporations’ law. Question of construction of terms of a contract for financial services.

Chamberlain Group v Kids for Life Academy [2015] NSWCA 241 (20 August 2015)

Lead by G Sirtes SC, validity of an assignment of a commercial lease.

Allianz v Haddad [2015] NSWCA 187 (8 July 2015)

Lead by T Lynch SC, insurance, successfully overturned a decision of the District Court as to what constitutes misleading and deceptive conduct in contracts of insurance.

Jamal Charar v Integrex Pty Limited [2011] NSWCA 113 (3 May 2011)

I successfully resisted an application for leave to appeal from a single Judge of the Supreme Court, statutory demand.

Jamal Charar v Intergrex Pty Limited [2011] NSWCA 9 (7 February 2011)

I successfully obtained an order for security for costs for an application for leave to appeal.

Other wins and losses:


In the matter of Bonheur Holdings Pty Limited [2019] NSWSC 1434

I successfully resisted an application to set aside a statutory demand – question of whether the failure of a company to execute a deed of rescission in accordance with section 127 of the Corporations Act constituted a genuine dispute. The Court considered whether the plaintiff could argue a lack of authority to make out a genuine dispute.

Soglia v Soglia (No.2) [2019] FamCa 792

I successfully obtained a $70,000 lump sum costs order from the unsuccessful defendant departing from the usual rule that each party bear their own costs.

Soglia v Soglia [2019] FamCA 440

I successfully resisted an application to set aside a binding financial agreement – the court considered whether the wife came within any of the established equitable doctrines that would permit the agreement to be set aside. Section 90K considered.

Sought After Investments Pty Ltd v Unicus Homes Pty Ltd & Ors [2019] NSWSC 600

I successfully resisted an application for a declaration that an adjudication determination made pursuant to the Building and Construction Industry Security of Payment Act 1999 was void. The Court considered whether there was an available reference date under the contract and if the Act had been complied with generally.

In the matter of CF Mellick Pty Ltd [2019] NSWSC 1756

I appeared for the plaintiff in an application to set aside a statutory demand – question of whether vendor of units in a unit trust engaged in misleading and deceptive conduct by executing false construction certificates.

Howard v Batistich [2019] FCA 525

I appeared for the appellant in an appeal from a decision of the Superannuation Complaints Tribunal – question of the existence of de facto relationship considered.

Ko v CKAS Enterprises Pty Ltd [2018] NSWSC 1876

I successfully obtained a declaration that a tenant had not properly excised an option to renew a lease  – question of whether the landlord was estopped because there was a common assumption as to a verbal exercise of an option.

Turner v MyBudget [2018] FCA 1407

Led by J C Kelly SC, a class action concerning consumer rights and whether the defendant had committed a breach of trust and breach of fiduciary obligations. Instructed by the Financial Rights Legal Centre.

Condon v Vanessa Two Pty Ltd [2018] FCA 947

I appeared for the defendant in an application pursuant to section 121 of the Bankruptcy Act 1966 (Cth) to void transactions against the trustee in bankruptcy – question of whether the bankrupt was insolvent, or about to become insolvent, at the time of the transaction complained of for the purposes of section 121(2) of the Act.

Lukac v The Royal Australian and New Zealand College of Obstetricians and Gynaecologists [2018] NSWSC 436

Led by J C Kelly SC, associations and clubs, successfully overturned a decision of the appeals committee of RANZCOG to expel the client from a fellowship training program for non-compliance with its regulations.

Breen v Clough [2018] NSWSC 158 (22 February 2018)

Leading F McNeil, Costs, obtained an order departing from the general rule that costs follow the event.

Morgan v Miller [2018] FCCA 1557

I successfully argued that the respondent had breached final parenting orders of the Court. Court imposed a 12-month bond.

Breen v Clough [2017] NSWSC 1681(5 December 2017)

Leading F McNeil, Real property, easements, where easement incorporates statutory terms of right of access, questions of interference to land and proper construction of the terms of an easement for a right of way.

Dental Corporation Pty Ltd v Hungki (Mathew) Lee and Anor [2016] NSWSC 1859 (14 December 2016)

Leading Ms F McNeil, enforceability of restraint of trade clause in contract for the sale of a dental practice. I successfully resisted a claim that the defendant be restrained from working as a dentist for a period of time pursuant to a restraint of trade clause.

Crane Distribution Limited v Yang [2016] NSWSC 620 (13 May 2016)

Leading Ms F McNeil, enforceability of personal guarantee, contract.

Mercury International Investment Pty Ltd v Queensland One Homes Pty Ltd [2016] FCA 701 (7 June 2016)

I appeared for the applicant in a successful application for extension of time pursuant to section 459 R of the Corporations Act, identifying special circumstances.

Royal commission into institutional responses to child sexual abuse (September 2015)

I appeared on behalf of a witness.

Council of the Law Society of New South Wales v Nasr [2015] NSWCATOD 70 (10 July 2015)

I appeared for a legal practitioner who had been accused of misappropriation of trust monies – successful defence of duress.

Naaman v Sleiman [2015] NSW SC 1869 (24 December 2014)

Lead by J C Kelly SC, contract of employment, measure of damages.

MVIL v Woodlawn Capital Pty Ltd [2014] NSWSC 1503

Lead by J C Kelly SC, financial services, contract, Corporations Act. The matter concerned the validity of a break fee in a contract to provide financial services.

Halal Certification Authority Pty Ltd v Scadlione Pty [2014] FCA 614 (13 June 2014)

I appeared for the plaintiff and successfully secured over $100,000 in damages for the infringement of the plaintiff’s registered trademark.

DPP v Inventure 24 Pty Ltd and Oh Bong Jeong, NSWDC unreported (8 December 2014)

I appeared for a wholesale import company charged with breaching subsection 67(3) of the Quarantine Act 1908 (Cth) and the subsection 11.2(1) of the Criminal Code (Cth). I successfully obtained a not guilty verdict from the jury.

Walsh Aida v Concrete Concepts (Aust) Pty Ltd [2013] NSWSC 72 (22 February 2013)

I appeared for the applicant seeking judicial review and an application for rehearing at the CTTT.

Xie v DY United Pty Limited [2013] NSWSC 48 (4 February 2013)

I appeared for the respondent and successfully resisted a summons seeking to appeal a decision of the Local Court.

Koutoulas v Strangas & Son Building Contractors Pty Ltd [2013] NSWSC 1260 (2 September 2013)

I appeared for the respondent and successfully resisted an application to enforce orders of the CTTT.

Tyneside Property Management Pty Ltd & Ors v Hammersmith Management Pty Ltd & Ors [2013] NSWSC 635

Lead by D A Smallbone, the matter concerned a large property development and whether the project manager had exercised due care and skill in the execution of his duties.

Ebos Group Pty Ltd v Team Medical Supplies Pty Ltd (No3) [2012] FCA 48 (3 February 2012)

Lead by K Conner SC, preliminary discovery, whether it was necessary to demonstrate evidence of belief.

Platinum Communications Pty Ltd v Computer Netwroks Pty Limited [2012] FCA 1260 (14 November 2012)

I appeared in a 459G application to set aside a statutory demand. Question of whether admission as to insolvency made out the defendant’s case.

Naruone Australia Pty Ltd v TNS Logistics Pty Ltd & Anor [2012] NSWSC 791

I appeared for the plaintiff and successfully enforced a general possessory lien over goods in transit.

Ahmed v Chowdhury [2012] NSWSC 1452 (20 November 2012)

I appeared for the defendants in an association and clubs’ matter.  Question of whether the plaintiff’s removal as General Secretary was an “irregularity” within the meaning section 1322 of the Corporations Act 2001(Cth)

Huang v Fu [2011] NSWSC 316 (31 March 2011)

I appeared for the defendant who sought to resist a claim that she held a property on trust for the plaintiff by reference to the Foreign Acquisition and Take Overs Act 1975 (Cth).

Naruone Australia Pty Ltd v TNS Logistics Pty Ltd & Anor [2011] NSWSC 1490

I appeared for the plaintiff successfully seeking a possessory lean and an, application for delivery up of goods.

Ebos Group Pty Ltd v Team Medical Supplies Pty Ltd (No2) [2011] FCA 1004 (10 August 2011)

I appeared for the respondent seeking to overturn an Ex parte application for discovery.

Jason Warren Baird v Tony Chambers [2010] NSWSC 272

I appeared for the plaintiff seeking the forfeiture of a deposit pursuant to – Section 55(2A) Conveyancing Act.

Construction management services Pty Ltd v Bidnia [2009] NSWSC 136 (12 March 2009)

I appeared in an application to set aside a statutory demand, invoice issued for concreting works, question of offsetting claim for substandard works, no evidence of quantification or calculation of offsetting claim.

Fadale v Bidnia [2009] NSWSC 136 (12 March 2009)

I successfully set aside a statutory demand. Invoice issued pursuant to Building and Constructions Security of Payment Act 1999, question of offsetting claim.

Vella v Australian and New Zealand Banking Group Ltd [2009] NSWSC 123 (6 March 2009)

Led by M Slattery QC, questions of negligence and economic loss considered.

Zhang v VP302 SPV & Ors [2009] NSWSC 73 (23 February 2009)

Led by D A Smallbone, contract for sale of land set aside due to misleading and deceptive conduct, defence of puffery considered.

SCEGS Redlands Ltd v Alison Barbour & Anor [2008] NSWSC 928 (5 September 2008)

Led by D A Smallbone, whether husband benefited from wife’s misappropriation of employers funds, liability to pay the money back.

Generally

I have also appeared in numerous cases in the District Court, Federal Circuit Court and the NCAT.

Most of my practice is made up of general commercial, insolvency, building and construction, corporations, insurance law, real property, family law and intellectual property. Most briefs accepted.

Please contact me directly if you wish to know more about my areas of practice.