Sean Docker

Barrister

Called to the Bar: 9 August 2004

Areas of Practice

  • Alternative Dispute Resolution
  • Appellate
  • Building & Construction
  • Commercial
  • Corporations
  • Equity
  • Estate / probate & wills
  • Insolvency
  • Trusts

Selected Decisions:

Coolbrew Pty Ltd v Westpac Banking Corporation

Citation: [2015] NSWCA 135
Description: I appeared for Westpac on the appeal and at first instance in [2014] NSWSC 1108. The appellant, Coolbrew, provided money to Mr Swift to deposit with Westpac in his own name as security for an advance by Westpac to an associated company. When the advance was repaid by the associated company, the deposit was no longer required as security. The Deputy Commissioner of Taxation served notices requiring Wespac to remit to the Commissioner amounts owed to it by Mr Swift. The issue was whether Mr Swift was beneficially entitled to the money on deposit or whether he held the money on trust for Coolbrew, being what is sometimes called a Quistclose trust. Coolbrew failed to establish the parties intended the money to be held on trust for Coolbrew.


Robinson v Robinson

Citation: [2015] NSWSC 1503
Description: I appeared for the active defendants and cross claimants in an oppression suit. The plaintiff alleged the proceedings had been settled by an accord and satisfaction arising from the plaintiff and cross claimants seeking similar relief for the purchase of the plaintiff’s shares at fair value, the parties’ agreement that a single expert be appointed to value the shares and the parties’ conduct in the process of the expert preparing his report. The case involved analysis of the principles relating to accord and satisfaction and their application to oppression suits. The plaintiff failed to establish the case had settled by an accord and satisfaction.


Simons Investments & Developments Pty Ltd v Penshurst Properties Pty Ltd

Citation: [2015] NSWSC 1110
Description: I appeared for the plaintiff, which sought a declaration that an equitable charge was created over the defendant’s entitlement to the profits of a joint venture pursuant to a deed that had been entered into on the same day as the joint venture agreement. The case involved analysis of the principles relating to the creation of equitable charges over a fund and when equity would grant relief to enforce such a charge, as well as the construction of the deed, the joint venture agreement and subsequent agreements. The plaintiff succeeded in having the equitable charge recognised and enforced.


Baycorp Capital Ltd v Dex Consulting Pty Ltd

Citation: [2014] NSWSC 1298
Description:I appeared for the defendants, who were an engineering/planning firm and its principal respectively. The plaintiff claimed approximately $50 million in damages arising from a failed development near Port Macquarie. The plaintiff engaged the defendants to assist it to obtain development approval for mobile home development for persons over 55 years. The development application was refused and the plaintiff alleged the defendants had breached their duty of care to the plaintiff. The plaintiff failed to establish any breach of duty of care or any loss.


Permanent Custodians Ltd v Geagea

Citation: [2014] NSWSC 562
Description: I appeared for the plaintiff, which advanced money to the first to third defendants and received a first registered mortgage as security. The loan agreement and mortgage were forged in respect of the second defendant and allegedly in respect of the third defendant. The plaintiff settled with the first to third defendants. The plaintiff sued the solicitors’ firm which acted for the first and third defendants. The firm also passed on documents purportedly on behalf of the second defendant and directed disbursement of the loan funds purportedly on behalf of the first to third defendants. The Court found the solicitors’ firm breached its warranty of authority by directing disbursement of the loan funds without authority from the second defendant and also engaged in misleading or deceptive conduct. In a subsequent decision, [2014] NSWSC 1469, the Court accepted the plaintiff’s argument that its claim for damages for breach of warranty of authority was not an apportionable claim under Part IV of the Civil Liability Act 2002 (NSW) and therefore the plaintiff was entitled to damages for all of its loss.


 

About Me

I grew up in Goulburn in country NSW. I attended Wollondilly Public School in Goulburn, then Shore School in North Sydney, where I obtained my High School Certificate in 1987. I studied at Sydney University in 1988-1993 and stayed at St Paul’s College in 1988-1990. I received my BSc (Hons) in 1992 majoring in psychology, my LLB in 1994 and my University Blue in Basketball in 1990 after I was selected in the All Australian Universities team. I worked for the NSW Aboriginal Land Council in 1994-1999, where I assisted with land claims, lobbying on legislative change, heritage protection and community projects. I was admitted to the Supreme Court as a legal practitioner in 1999 and worked as a solicitor in 1999-2004, before being called to the bar. I am married with 4 children and live in Curl Curl on the Northern Beaches of Sydney. I have a keen interest in the law and sports, especially basketball and cricket, which I play when I can. I hope to become a youth basketball coach when my children leave home.

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