Some of the matters in which Bryce held a brief in the 12 months to April 2024

Bryce has a passion for litigation and fearlessly pursues it to protect his clients’ interests.  He also appreciates the importance of alternative avenues for dispute resolution.  By adopting a careful and strategic approach to litigation, Bryce has achieved successful settlements in the majority of his cases, avoiding the need for judicial determination.

• Major Subsidence

  Building and Construction

  Represented a builder in the Supreme Court of NSW in a matter involving soil subsidence affecting a neighbouring property during the sheet piling operations part of a multi-residential development. Issues arising included whether demolition of the neighbouring property was necessary, negligence, and indemnity. Led by Scott Robertson SC.

• Builder Licencing

  Building and Construction

  Provided a joint advice with Anthony Cheshire SC to an excavation and earthworks company in a dispute with a homeowner.  Issues arising included licencing and insurance in the context of ss 4, 7, 92, 94, and 99 of the Home Building Act 1989 (NSW).

• Major Defect Building Works

  Building and Construction

  Represented a builder in the District Court of NSW against a homeowner who alleged a major defect demanding demolition and rebuild of the home.  The builder cross-claimed against the engineer.

• Major Defect Building Works

  Building and Construction

  Represented a builder in the District Court of NSW against a homeowner who alleged a major defect demanding demolition and rebuild of the home. The builder cross-claimed against the engineer. This is a different matter to the one above.

• Major Defect Building Works

  Building and Construction

  Advised a homeowner regarding building defects and variations to a construction contract for a swimming pool that had a contract price of $1,600,000.

• Major Defect Building Works

  Building and Construction

  Represented a builder in the NSW Civil and Administrative Tribunal in a dispute with a homeowner.  Issues arising included the validity of multiple contracts, variations, termination of contract, a claim for unpaid invoices, as well as a damages claim brought by the homeowner.

• Major Defect Building Works

  Building and Construction

  Advised a builder in a dispute with a homeowner who alleged a major defect demanding demolition and rebuild of the home.  The builder had a cause of action against the engineer.  This matter was further complicated by the fact that it was a home on a remote and substantial farming property.

• Subcontractor Rights

  Building and Construction

  Advised a Queensland-based subcontractor on legal options for recourse against the property owner in the context of insolvency proceedings of the head contractor. Issues arising included insolvency law, subcontractor rights, and property law.

• Put and Call Option Deed
  Misleading and Deceptive Conduct
  Fraud

  Contract

  Advised and appeared for the vendor in a $88,000,000 to $92,000,000 put and call option deed associated with a rural land transaction. Issues arising included contamination to land, misleading and deceptive conduct, and fraud. Led by Scott Robertson SC.

• Hire Purchase

  Contract

  Advised the purchaser in a hire purchase agreement involving seven prime movers, as well as trailers and dogs.  Issues arising included breach of agreement, termination clauses, quantum of damages, repossession, bailment, contractual interpretation, and penalty clauses.

• Developer Partnership Dispute

  Contract

  Represented a property developer in the Supreme Court of NSW in a partnership and joint venture dispute. Issues arising included complex financial accounting, the enforceability of multiple contracts and specific performance.  Led by Anthony Cheshire SC.

• Contract Dispute

  Contract

  Appeared for the owner of a quarry in the District Court of NSW accused of breach of contract, as well as various breaches of the Australian Consumer Law and Sale of Goods Act 1923 (NSW) arising out of the sale of quarrying equipment.  Issues arising included technical evidence on the state of repair of the equipment as well as legal issues concerning the formation of the contract.  Led by Anthony Cheshire SC.

• Termination and Rescission

  Contract

  Advised homeowners who had purchased property off-the-plan in circumstances where the developer indicated it could not complete for the contract price. Issues arising included analysis of the terms of the contract and advising on rescision, termination, and damages.

• Shareholder Oppression

  Corporations

  Advised and appeared for the plaintiff in an application seeking an order to wind up a company pursuant to sections 232, 233, and 461(e)(f)(k) of the Corporations Act 2001 (Cth).  This application was complicated by the fact that it stemmed from a dispute between former spouses, and concerned proceedings in the District Court of NSW, the Federal Circuit and Family Court of Australia, and the Supreme Court of NSW.

• Child Sexual Abuse

  Criminal

  Appeared for a stepfather accused of eight counts of alleged sexual touching of a minor in a criminal case involving blended families. The proceedings necessitated a meticulous and nuanced assessment of the evidence, along with delicate cross-examinations of prosecution witnesses, including a 12-year-old complainant.  Not guilty verdict.

• Transfer of Proceedings

  Cross Vesting

  Provided advice and successfully appeared in proceedings to transfer proceedings from the District Court of NSW to the Supreme Court of New South Wales and then to the Federal Circuit and Family Court of Australia pursuant to ss 5(1) and 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).

• Solicitor Negligence

  Ethics

  Provided advice to a solicitor in relation to a potential negligence claim against that solicitor by a client of the firm. The advice was urgent as it arose in the context of an urgent ex parte freezing order.  Issues arising included drafting appropriate correspondence for the solicitor to send to his client, as well as advising the firm on legal and ethical obligations, including obligations to Lawcover.

• Out of Time

  Family

  Advised the respondent in Family Law Proceedings in the Federal Circuit and Family Court of Australia in relation to his former partner’s attempt to bring an application under s 79 of the Family Law Act 1975 (Cth) approximately 10 years out of time pursuant to s 44(3).

• Developer Dispute in Family Law Matter

  Family

  Advised and appeared for a builder entangled in family law proceedings due to a dispute with a former business partner who was involved in a division of assets with his ex-wife. The case centred on the division of assets from jointly developed properties, claimed by the business partner’s ex-wife as part of the division of marital assets. The case was resolved at lunchtime on the first day of the hearing.

• Winding Up

  Insolvency

  Acted on behalf of several large energy providers in the Supreme Court of NSW, representing them in several winding up applications.

• Alleged Fraud of Financial Controller

  Fraud

  Appeared for the former financial controller of a company in the Supreme Court of NSW accused by the liquidators of the company of misappropriating millions of dollars of company funds over a 15-year period. The case involved analysis of voluminous and complex accounting records for the company, multiple expert financial reports, and included issues concerning litigation funders, security for costs, and freezing orders.  Led by Scott Robertson SC.

• Enforcement of Mortgage
  Alleged Fraud

  Fraud

  Advised and appeared for multiple defendants in relation to a claim in the Supreme Court of NSW in respect of a dispute about the enforceability of a mortgage over real property, with related claims against the defendants, including that they had misappropriated substantial funds while acting as accountants for the plaintiffs.

• Fraud and 66G

  Fraud

  Represented a part owner of property in the Supreme Court of NSW on an application for an order pursuant to s 66G of the Conveyancing Act 1919 (NSW).  The matter was complicated by allegations of fraud concerning the mortgage.

• Easement Advice

  Property

  Advised a homeowner on a Development Application and potential court proceedings concerning an easement and right of carriageway dispute.

• Easement Advice

  Property

  Provided ongoing advice, including written and oral advice, on the grant of an easement pursuant to s 88K of the Conveyancing Act 1919 (NSW) for the purposes of a subdivision and development on the Northern Beaches of New South Wales.

• Enforceability of Contract

  Property

  Advised on the enforceability of a contract for the sale of land in circumstances where there were multiple contract versions and improper party identification. Issues arising included contract validity, rectification, interpretation, and the enforceability of agreements for the sale of land in such circumstances.

• Contested Will

  Wills and Estates

  Represented an executor of an estate in the Supreme Court of NSW facing a challenge to the validity of multiple wills. The estate was valued at approximately $20,000,000. This complex case concerned the capacity of the testator as well as complex legal questions pertaining to trusts, partnerships, and property. Led by Scott Robertson SC.

• Preliminary Discovery

  Wills and Estates

  Appeared for and advised a defendant in proceedings in the Supreme Court of NSW in an application for preliminary discovery in which an application for a grant of administration ad litem in relation to an estate was also sought as well as representative orders pursuant to rule 7.10 of the Uniform Civil Procedures Rules 2005 (NSW).  Led by Michelle Painter SC.

Some of the matters in which Bryce held a brief in the 12 months to April 2023

• Major Defect Building Works

  Building and Construction

  Represented the builder in a case where the homeowner initiated legal proceedings in the District Court of NSW. The homeowner claimed that the concrete slab had failed and that the house required complete demolition to remedy the situation.

• Major Defect Building Works

  Building and Construction

  Represented the builder in a case where the homeowner initiated legal proceedings in the District Court of NSW. The homeowner claimed that the concrete slab had failed and that the house required complete demolition to remedy the situation. (This is an additional matter to the one above.)

• Major Defect Building Works

  Building and Construction

  Represented the builder in a case where the homeowner initiated legal proceedings in the District Court of NSW. The homeowner claimed that the concrete slab had failed and that the house required complete demolition to remedy the situation. (This is an additional matter to the two above.)

• Major Defect Building Works

  Building and Construction

  Represented the builder in a case where the homeowner initiated legal proceedings in the NSW Civil and Administrative Tribunal. The homeowner claimed that the concrete slab had failed and that the house required complete demolition to remedy the situation. The builder brought related proceedings against the engineer that designed the slab. The matter was successfully resolved through a settlement agreement.

• Damage to Neighbouring Property

  Building and Construction

  Represented a builder who was sued in the Supreme Court of NSW for allegedly causing subsidence to a neighbouring property during the construction of a block of flats. The case involved complex issues, such as negligence, indemnity under contract, as well as the application of sections 66K, 66M, and 177 of the Conveyancing Act 1919 (NSW).

• Security of Payment
  Damages for Delay

  Building and Construction

  Provided prompt and comprehensive written legal advice concerning a building dispute under the Building and Construction Industry Security of Payments Act 1999 (NSW). Additionally, assessed whether the builder had a legitimate claim against a subcontractor for delay and damages under the terms of the contract.

• Major Defect Building Works

  Building and Construction

  Represented the homeowner in a case brought before the NSW Civil and Administrative Tribunal, which sought damages and rectification of significant building defects. The matter was successfully resolved through a settlement agreement.

• Commercial Building – Defects

  Building and Construction

  Represented a builder in a dispute against the owner of a commercial property, which was brought before the District Court of NSW. The owner claimed defects, breach of contract, and damages concerning the renovation and fit-out of the commercial property. The matter was ultimately resolved out of court through a settlement agreement.

• Partnership Dispute

  Contract Dispute and Trade Practices

  Represented a property developer against his former business partner in numerous related proceedings concerning a convoluted property dispute in the Supreme Court of NSW.

• Contract Dispute

  Contract Dispute and Trade Practices

  Represented a vendor who sold commercial machinery and was sued for breach of contract, as well as for misleading and deceptive conduct under the Australian Consumer Law and breach of warranty under the Sale of Goods Act 1923 (NSW) in the District Court of NSW.

• Contract Dispute

  Contract Dispute and Trade Practices

  Represented a supplier of wholesale foods who initiated legal proceedings in the District Court of NSW to recover unpaid invoices. The matter was successfully resolved on the first day of the hearing through a settlement agreement.

• Contract Dispute

  Contract Dispute and Trade Practices

  Represented a purchaser who had acquired several market stalls at a well-known market in Sydney and was involved in a contract dispute. The matter was successfully resolved through a settlement agreement.

• Distribution of Surplus
  Liquidator Remuneration

  Corporations

  Appeared for a liquidator in the Supreme Court of NSW seeking special leave to distribute a surplus pursuant to s 488 of the Corporations Act 2001 (Cth) and approval of liquidator costs. The application was opposed, in part, by shareholders. Orders for distribution of surplus and liquidator remuneration made.

• Lost Assets

  Corporations

  Provided extensive written legal advice on the vesting of substantial property assets owned by a corporation that was wound up in the 1920s and not identified by the liquidator. The task required intricate tracing through the corporations legislation that was in effect before the introduction of the Corporations Act 2001 (Cth). Successfully recovered the assets.

• Out of Time

  Family

  Represented the respondent in an application for leave, under section 44(3) of the Family Law Act 1975 (Cth) (FLA), to file an application outside the statutory limitation period under section 79 of the FLA.

• Relocation

  Family

  Represented a mother in an urgent relocation matter, involving a violent ex-partner. The case was successfully resolved, resulting in a favourable outcome for the mother. As a result, the child was able to remain with the mother.

• Division of Assets

  Family

  Provided extensive written legal advice on the division of assets in a high-net-worth separation case, which involved intricate issues concerning assets located both in Australia and overseas, including significant overseas pension entitlements. The matter was complex in nature.

• Division of Assets

  Family

  Represented applicant husband who was seeking a financial settlement with his wife, despite being convicted of serious criminal conduct and serving a prison sentence of 20 years. Additionally, he was also facing a civil damage claim from his victims. It is worth noting that the victims of his criminal conduct were also parties involved in the Family Law proceedings.

• Division of Assets

  Family

  Represented a grandmother as a party in a Family Law dispute that had been initiated between her daughter and former son-in-law in the Federal Circuit and Family Court of Australia. The case involved substantial loans and gifts made by the grandmother to the former couple. After representing the grandmother, the matter was successfully resolved through mediation.

• Appeal

  Family

  Provided comprehensive legal advice to a client regarding the viability of filing an application for leave to appeal to the High Court of Australia from a decision made by the then Family Court of Australia. The appeal pertained to the admissibility of specific evidence in the case.

• Winding Up

  Insolvency

  Acted on behalf of several large energy providers in the Supreme Court of NSW, representing them in several winding up applications.

• Altered Mortgage

  Property

  Represented the mortgagees in a complex case where a mortgage that had been signed 23 years prior was found to have been improperly altered and registered. The mortgagors then commenced proceedings in the Supreme Court of NSW to enforce the mortgage. The case raised various issues including indefeasibility, limitation arguments, entitlement to interest, and mortgagee costs, which required interpretation of sections 13, 16, 40, and 43 of the Limitation Act 1969 (NSW) and s 60 of the Real Property Act 1900 (NSW). After submitting written submissions, the other party conceded their entire case. The presiding judge, Hammerschlag CJ in Eq, awarded costs to our clients following the hearing of the argument on costs.

• Easement Matter

  Property

  Represented two elderly retirees who sought to prevent a developer from obtaining an easement to drain water through their properties pursuant to s 88K of the Conveyancing Act 1919 (NSW) in the Supreme Court of NSW unless certain conditions were met. The case involved negotiating complex terms of the easement and navigating the legal arguments raised by the developer. After engaging in mediation, the matter was settled with the clients successfully achieving their desired easement conditions.

• Easement Matter

  Property

  Assisted a client in obtaining an easement prior to seeking council consent for a development approval, resulting in a successful outcome for the client.

• Easement Matter

  Property

  Represented a client in a matter involving the acquisition of an easement to drain water over two neighbouring properties. The matter involved the negotiation of a boundary adjustment and the interpretation of relevant provisions under s 88K and 88B of the Conveyancing Act 1919 (NSW).

• Easement Matter

  Property

  Provided written legal advice on obtaining an easement to drain water over neighbouring properties, as a prerequisite for obtaining Development Consent. I also advised the client on the development proposal itself.

• Trespass and Nuisance

  Property

  Acted on behalf of a client who has reported significant instances of trespass and nuisance on their property.

• Forced Sale of Property

  Property

  Represented a registered proprietor of land in the Supreme Court of NSW in relation to an order of sale under section 66G of the Conveyancing Act 1919 (NSW). The property was involved in a proposed development between the parties. After negotiations, the parties agreed to the sale of the property and costs, and the court made orders to that effect.

• Advised on Water Rights

  Water

  Provided comprehensive legal advice on alleged breaches of the Water Management Act 2000 (NSW) and the Water Act 1912 (NSW). The advice covered the nature of the breaches, the relevant legal provisions, and the potential penalties. The advice also recommended strategies to address the situation, including negotiating with regulatory authorities and, if necessary, defending legal action.