David O’Connor

Barrister

Called to the Bar: 2008

Areas of Practice

  • Building & Construction
  • Commercial
  • Corporations
  • Insolvency
  • Insurance
  • Property
  • Intellectual Property

Selected Decisions:

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, Trade practices.


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, Insurance.


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, financial services, contract, corporations.


In the NSW Court of Appeal

Breen v Clough [2018] NSWCA 172

Leading F McNeil, Whether leave to appeal necessary, subject matter of appeal less than $100K.


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

Leading F McNeil, effect of breach of compromise agreement.

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

Lead by G Sirtes SC, contract, validity of ‘side deal’.

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

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

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

Lead by J C Kelly SC, financial services, contract, and corporation.

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

Lead by G Sirtes SC, assignment of commercial lease.

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

Lead by T Lynch SC, insurance, successful 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 appeared for the respondent successfully resisted an application for leave to appeal from single Judge of the Supreme Court, statutory demand.

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

I appeared for the applicant and successfully obtained an order for security for cost of leave application.

Other selected cases  

Ko v CKAS Enterprises Pty Ltd [2018] NSWSC 1876

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

Turner v MyBudget [2018] FCA 1407 (18 September 2018)

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 fellowship training program for non-compliance with its regulations.

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

Leading F McNeil, Costs, successfully 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. 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 guarantee.

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

I appeared for the applicant in an 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 members of the Catholic Church in the Ballarat case study.

Chamberlain Group v Kids for Life Academy [2015] NSWSC 751 (3 June 2015)

Lead by G Sirtes SC, whether failure to pay rent because the property had been water damage was grounds to re-enter the property and determine the lease.

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.

Chamberlain Group v Kids for Life Academy [2014] NSWSC 1561

I appeared for the plaintiff. The Court considered whether the plaintiff had an agreement for the transfer of a lease in equity.

MVIL v Woodlawn Capital Pty Ltd [2014] NSWSC 1503

Lead by J C Kelly SC, financial services, contract, corporations Act.

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 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 statutory demand question of whether admission on 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 associations 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 appeared for the plaintiff resisting a statutory demand, invoice issued pursuant to Building and Constructions Security of Payment Act 1999, question of offsetting claim.

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.


 

About David

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 NSW Bar.