Sean Docker

Barrister

Called to the Bar: 9 August 2004

Areas of Practice

  • Alternative Dispute Resolution
  • Appellate
  • Banking and Finance
  • Building & Construction
  • Commercial
  • Corporations
  • Equity and Trusts
  • Estate / Probate & Wills
  • Insolvency
  • Professional Negligence
  • Property
  • Restraints of Trade

Selected Decisions:

Simic v NSW Land and Housing Corporation & Anor. (2016) 260 CLR 85 – construction and rectification of bank guarantees issued in the wrong name (led by D Jackson QC for ANZ Bank)


Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd (2013) 247 CLR 613 – application of the proportionate liability provisions in the Civil Liability Act 2002 (NSW) to a professional negligence claim arising from a forged loan agreement and mortgage (led by B Coles QC)


Globe Church Inc. v Allianz Australia Insurance Ltd (2019) 99 NSWLR 470; [2019] NSWCA 27 – when time begins to run on a property liability insurance policy (leading A Gandar)


Pascali v Carr [2019] NSWCA 151 – appeal against fraud of an innocent vendor by his agent in the sale of luxury residence (leading A Gandar)


Chaudhary v Chaudhary [2017] NSWCA 222 – was an advance by father to his son to purchase a home a gift or a loan, cross-vesting of appeals on federal matters (led by M Ashhurst SC)


Zaps Transport (Aust) Pty Ltd v PJG Warehousing & Distribution Pty Ltd [2016] NSWCA 97 – defending an appeal against judgment for price and interest under a sale of business contract


Simic v NSW Land and Housing Corporation & Anor. [2015] NSWCA 413 – construction and rectification of bank guarantees issued in the wrong name (for ANZ Bank)


Coolbrew Pty Ltd v Westpac Banking Corporation [2015] NSWCA 135 – Quistclose trusts


Wilmink v Westpac Banking Corporation (2015) 318 ALR 572; [2015] FCAFC 17 – application of the Bills of Exchange Act 1909 (Cth.)


Payne v Timilty [2021] NSWSC 986 – whether a call option to purchase land had been exercised (leading L Cooper-Hackman)


Boulos Holdings Pty Ltd v Edwin Davey Pty Ltd [2021] NSWSC 689 – judgment estoppel and the application of the Personal Property Securities Act 2009 (Cth.) to an assignment deed


Hansen v Noble [2021] NSWSC 138 – constructive and resulting trusts


Crosby Textor Research Strategies Results Pty Ltd v Syed [2020] NSWSC 1792 – defending a claim for funds in court to pay legal expenses for defence of related criminal fraud charges, proprietary interests arising from theft of funds and the process of tracing (leading E Keynes)


Xu v Lindsay Bennelong Developments Pty Ltd [2020] NSWSC 1692 – misleading or deceptive conduct claim by a purchaser on an off the plan contract against the developer


Westpac Banking Corporation v Kay [2020] NSWSC 175; [2020] NSWSC 206; and Finnie v Day & Ors. [2021] NSWSC 276 – claims arising from alleged theft of mortgagor’s identity


TWT Property Group Pty Ltd v Cenric Group Pty Ltd [2020] NSWSC 72 – application of Anshun estoppel and abuse of process principles to a payment claim under the Building and Construction Industry Security of Payments Act 1999 (NSW)


In the matter of Australasian Hail Network Pty Ltd [2020] NSWSC 44 – security for costs application against an alleged overseas resident in an oppression suit (leading A Gandar)


Spatt v Benson; Benson v Spatt [2019] NSWSC 1195 – administration of a deceased estate


In the matter of CF Mellick Pty Ltd [2019] NSWSC 1756 – defending an application to set aside a statutory demand


Preston v Diaspora Holdings Pty Ltd; Diaspora Holdings Pty Ltd v Owners Corporation of Strata Plan 68608 [2019] NSWSC 651 – validity of appointment of a director of a corporation by the formerly bankrupt sole shareholder holding the share on trust


Re O’Keefe Heneghan Pty Ltd (in liq) & Others (2018) 133 ACSR 314; [2018] NSWSC 1885; & [2019] NSWSC 106 – priority of payment of debts of partnership of companies in liquidation


Carr v Miller & Ors. [2018] NSWSC 1424 – defects, contract, negligence and fraud claims by purchaser of a luxury residence against builder, vendor’s agent and vendor (leading A Gandar)


Westlawn Finance Ltd v Tagg [2018] NSWSC 1491 – misleading or deceptive conduct claim arising from the early release of a deposit under a contract for the sale of a luxury residence


Hunter New England Local Health District v Munters Pty Ltd [2018] NSWSC 788 – further discovery application in negligence claim for the cost of scanning and destruction of all the paper medical records of John Hunter Hospital due to alleged mould contamination


Wondal v Inspector-General in Bankruptcy [2018] FCA 1278 – appeal from the Administrative Appeals Tribunal on questions of law


DXC Connect Pty Ltd v Deibe & Ors [2017] NSWSC 1159 – interlocutory injunctions restraining disclosure of confidential information and enforcing restraints of trade (led by J Fernon SC)


Australian Securities Ltd v Borina Pty Ltd [2017] NSWSC 1073 – remedies available to a mortgagor who has repaid the debt under protest


UGL Rail Pty Ltd v Trox (Australia) Pty Ltd [2017] NSWSC 770 – claim for defects in sound attenuators in the Lane Cove Tunnel, assignment of contractual rights (led by M Ashhurst SC)


Independent Commission Against Corruption Investigation into the Conduct of a Former Chief Executive Officer and Members of the Board of the Gandangara Local Aboriginal Land Council (ICAC Report dated February 2017 – Operation Greer) – appeared for the person of interest, Mr Mark (Jack) Johnson, before Latham J


About Sean:

Sean grew up in Goulburn in regional NSW. He attended Shore School in North Sydney from 1982-1987 on an academic scholarship, studied at Sydney University from 1988-1993 and lived at St Paul’s College from 1988-1990 where he was Sportsman of the Year in 1990. Sean graduated with a BSc (Hons) in 1992 and a LLB in 1994, and was awarded a University Blue in Basketball in 1990 after being selected in the All Australian Universities team that year.

Sean was employed by the NSW Aboriginal Land Council from 1994-1999, working on land and native title claims, cultural heritage protection and community projects as well as lobbying on legislation and policy. Sean was a solicitor from 1999-2004, working in litigation, especially commercial disputes and judicial review of water sharing plans.

Sean was called to the bar on 9 August 2004. His practice is mostly in the Supreme Court of NSW, both at first instance and on appeal, although he also appears in the Federal Court of Australia and in other courts and tribunals. Sean has appeared on 3 final appeals in the High Court of Australia. Sean works hard for all his clients, enjoys the teamwork involved in working with solicitors and other counsel and regularly attends mediations.

Sean has served on the NSW Bar Association’s Education Committee since 2017 and its Accessibility Panel since 2019, and has been an advocacy coach at the Bar Practice Course since 2011. Sean has served on the Council of Shore School since 2017 and on Basketball Australia’s Integrity Panel since 2021.

Sean is married to Rosarina with 4 adult children and lives in Miller’s Point, Sydney. His primary interests are the law, education, psychology and sport. Sean still plays basketball and cricket and plans to become a youth basketball coach.