Phillip acted for a former corporate lawyer of Norton Rose Fulbright who was ‘bashed’ by the boyfriend of the Plaintiff in order to have the client sign a deed transferring his interests in a large property development to the Plaintiff. The Plaintiff sought specific performance of the deed, and the defence of duress was raised against it. Issues around affirming conduct were raised by the Plaintiff. Ultimately the Court found the bashings occurred, duress was established and continued to affect the client during the period when the affirming conduct was said to have occurred.

Phillip acted for the plaintiff (son) against his mother in relation to a property purchased in the name of the deceased father. The son claimed that it was purchased for benefit of the son and was held by the father in name only. The mother argued that there was no such intention and the property was rightly transferred to her upon her husband’s death.

Phillip acted for a director of the Defendant who was also a cross-defendant in the proceedings. Allegations were made against the client relating to breach of fiduciary and directors’ duties under the Corporations Act 2001 (Cth) and misleading and deceptive conduct under the Australian Consumer Law. All of the allegations were successfully defended.

Phillip acted for the applicant in the Court of Appeal seeking to overturn the decision of the Supreme Court at first instance. The case primarily involved the question of admissibility of new evidence on appeal and whether special grounds existed for the admission of such evidence.

Phillip defended Sally (Sha) Zao in a claim from Anthony Smyth that he was entitled to commission (in excess of $25 million) from commodity transactions that he brokered in the ‘billions of dollars’ for her and her Chinese buyers with mining companies in Australia, Indonesia, Columbia and more.

Phillip was briefed for the formed Head of Deutsche Bank Asia in the criminal prosecution brought by the ACCC for cartel conduct in relation to a placement of ANZ shares as part of that bank’s capital raising process in 2016. Ultimately, the case against all concerned was dropped.

Phillip Represented one of the directors of the Awabakal Land Council in a Commission hearing that went for multiple years in relation to alleged corruption over Native Title land dealings in the Newcastle Area.

Phillip represented an independent contractor who tendered for and supplied services and equipment to the former Roads and Maritime Services (now Transport for NSW) in what was said to be approximately $11 million in illegally obtained benefit.

Phillip acted for the homeowner at first instance and subsequently for them as the respondent on appeal in NCAT. The case involved questions of misrepresentations under the Australian Consumer Law, in addition to claims for defects. On appeal questions of admissibility of expert evidence and procedural fairness assertions were successfully defended.

Phillip acted for the respondent builder in the case where there were claims relating to damages for the deterioration of the incomplete building works due to exposure to the elements – in addition to claims relating to defects and variations. The case largely turned on which party repudiated the contract – which was found in favour of the builder.