Marc Baddams and Sean Greenwood provide an update following on from the recent article Changes to statutory demands from 1 January…
Litigation, Insolvency, Strata
I specialise in commercial litigation, insolvency, corporations matters as well as property, construction and strata related disputes. My focus is to help clients navigate through complex commercial disputes and achieve excellent outcomes.
- Resisted application for stay of enforcement pending other party’s appeal being heard and determined. Stay granted on further monies being paid into court to secure amounts owed to client — ACN 057 690 034 Pty Limited v Wykrota (No 2)  NSWSC 1780
- Obtained security for costs in respect of appeal proceedings commenced by other party — Mualim v Dzelme  NSWCA 333
- Successfully resisted an application to set aside a judgment alleged to have been made irregularly, against good faith or in the absence of the subject defendant — In the matter ACN 057690 034 Pty Limited v Wykrota  NSWSC 1430.
- Acted for company and its director in Supreme Court of New South Wales proceedings and successfully defended an application under s 175 of the Corporations Act to correct the company’s share register and also obtained an order validating the appointment of the director — In the matter of Pacific Springs Pty Limited  NSWSC 1240.
- Obtained security for costs order against non-resident plaintiffs — In the matter of Pacific Springs Pty Ltd (No 2)  NSWSC 1183.
- Successful in obtaining an adverse costs order against opposing party in Appeal Panel proceedings — The Owners – Strata Plan No 54026 v UniLodge Australia Pty Ltd (No 2)  NSWCATAP 80.
- Successful in opposing transfer of proceedings from the Civil and Administrative Tribunal to the Supreme Court of New South Wales – The Owners – Strata Plan No. 54026 v UniLodge Australia Pty Ltd  NSWCATAP 289.
- Acted for a lot owner/building manager in a Strata Application to the NSW Civil and Administrative Tribunal successfully seeking orders for the removal of the existing strata committee and the compulsory appointment of a strata manager to the scheme under s237 of the Strata Schemes Management Act 2015 to effectively restore‘function’ to the owners.
- Acted for a steel fabricator defending an unfair preference claim for an amount exceeding $1 million in the Federal Court of Australia.
- Acted for a secured creditor in opposing application by voluntary administrator of a leagues club who was seeking relief against it under section 444F of the Corporations Act 2001 (Cth).
- Assisted in acting for joint venturer in its dispute with other joint venture party in respect of the development of a high value commercial property. Successfully settled matter without court proceedings having to be commenced, with other joint venture party resigning from the joint venture and client continuing with development of property.
- Appeared for a company that conducts a highly specialised civil construction business in an action for damages for defective work against a sub-contractor. The client was successful at both first instance an on appeal (to the Court of Appeal) — PND Civil Group Pty Ltd v Bastow Civil Constructions Pty Ltd  NSWCA 159.*
- Successfully defended a company director (both at first instance and on appeal) who was being sued pursuant to an alleged guarantee contained in a Credit Account Application which he signed on behalf of his company — Aquawest Pty Ltd v Twynham  NSWSC 652.*
- Successfully acted for a company in applying to have a statutory demand set aside on basis of genuine dispute/off-setting claim — In the matter of Bastow Civil Constructions Pty Ltd  NSWSC 934.*
(*Matter handled prior to joining Swaab)
- General commercial litigation
- Corporate insolvency and bankruptcy
- Property, construction and strata disputes
Roles, memberships and education
- Admitted to practise as a solicitor in New South Wales in April 2011
- Bachelor of Laws (LLB), University of Wollongong, 2010
- Bachelor of Commerce, University of Wollongong, 2010
- Member of the Law Society of NSW