NICK KABILAFKAS PERSONAL DETAILS ADMISSIONS PREVIOUS EMPLOYMENT EDUCATION. 9 January Date of Birth: Contact Details:
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1 PERSONAL DETAILS Date of Birth: Contact Details: ADMISSIONS 18 September October May 2006 PREVIOUS EMPLOYMENT July 2003 January 2006 March 2000 June 2003 June 1997 January 1999 February 1999 February January 1973 New Chambers Level 34, 126 Phillip Street, Sydney NSW 2000 DX 399 Sydney (phone) (fax) (mobile) kabilafkas@newchambers.com.au ABN Supreme Court of New South Wales (Solicitor) High Court of Australia (Solicitor) Barrister Senior Associate Solicitor Solicitor & Law Graduate Professional Indemnity & Product Liability Group & Dispute Resolution Group Mallesons Stephen Jaques, Sydney Associate to Justice McHugh High Court of Australia EDUCATION May 1997 May 1994 January 1991 Bachelor of Laws University of New South Wales Law Book Company Prize for Contracts Sir Alan Taylor Prize for Torts Butterworths Prize for Commercial Law A Bachelor of Economics (Actuarial Studies) Macquarie University Higher School Certificate TER (Fifth Place) First Place in 3-Unit Modern History First Place in 2-Unit Chemistry
2 AREAS OF PRACTICE Banking Commercial Litigation Corporations Equity Insolvency Insurance Professional Negligence Property Torts OVERVIEW OF SIGNIFICANT MATTERS 1. Hunt & Hunt ats Mitchell Morgan; Hunt & Hunt v Flammia Appearing and advising Hunt & Hunt Lawyers as junior counsel in proceedings in the NSW Supreme Court, NSW Court of Appeal and High Court regarding forged mortgages, solicitor s negligence and proportionate liability. Lead by James Stevenson SC and David Jackson QC, instructed by Mallesons Stephen Jaques (Peter Stockdale). Appeal granted to Hunt & Hunt Lawyers in the High Court. Reported: Vella v Permanent Mortgages [2008] NSWSC 505 Vella v Mitchell Morgan [2008] NSWSC 511 Vella v Australia & New Zealand Banking Group [2009] NSWSC 123 Mitchell Morgan Nominees Pty Ltd v Vella [2011] NSWCA 390 Mitchell Morgan Nominees Pty Ltd v Vella (No 2) [2012] NSWCA 38 Hunt & Hunt Lawyers v Mitchell Morgan Nominees (2013) 247 CLR 613 Hunt & Hunt Lawyers v Mitchell Morgan Nominees (No 2) (2013) 247 CLR NSW Rifle Association v Commonwealth Appearing and advising NSW Rifle Association as junior counsel in proceedings in the NSW Supreme Court to resist termination of licence by Commonwealth of Australia issues concerning building, tenancy, good faith and executive privilege. Lead by Robert Ellicott QC, instructed by Hunt & Hunt Lawyers (Jim Harrowell AM). Judgment for the Association. Reported: NSW Rifle Association Inc v Commonwealth (2012) 293 ALR 158 NSW Rifle Association Inc v Commonwealth (No 2) [2012] NSWSC
3 3. Artistic Builders v Nash O Neill Tomko Appearing and advising Nash O Neill Tomko as junior counsel in proceedings in the NSW Supreme Court regarding solicitor s negligence, damages and limitations. Lead by James Stevenson SC, instructed by Henry Davis York (Rebecca Whittle and Louise Cantrill). Judgment for Nash O Neill Tomko against the plaintiffs. Reported: Artistic Builders Pty Ltd v Nash [2007] NSWSC 1279 Artistic Builders Pty Ltd v Nash [2009] NSWSC 102 Artistic Builders Pty Ltd v Nash [2010] NSWSC 1442 Artistic Builders Pty Ltd v Nash [2011] NSWSC Ausino International v Apex Sports Appeared as junior counsel for plaintiff creditor seeking to set aside or terminate Deed of Company Arrangement and place defendant into liquidation. Lead by Adam Bell SC, instructed by Henry Davis York (Philip Crawford). Defendant s DOCA set aside. Reported: Ausino International Pty Ltd v Apex Sports Pty Ltd [2006] NSWSC 986 Ausino International Pty Ltd v Apex Sports Pty Ltd [2006] NSWSC 1119 Ausino International Pty Ltd v Apex Sports Pty Ltd [2007] NSWSC 182 Ausino International Pty Ltd v Apex Sports Pty Ltd [2007] NSWSC 289 Ausino International Pty Ltd v Apex Sports Pty Ltd [2007] NSWSC Tranquility Pools v Huntsman Chemical Appearing and advising plaintiff as junior counsel in proceedings in the NSW Supreme Court regarding failure of swimming pools and quantum. Lead by James Stevenson SC, instructed by Ian Duffield. Plaintiff successful. Reported: Tranquility Pools & Spas Pty Ltd v Huntsman Chemical Company Pty Ltd [2011] NSWSC Flight Centre Ltd v Louw Appearing and advising plaintiff in application for prerogative relief from Local Court. Instructed by Flight Centre in proceedings concerning the application of the Civil Liability Act 2002 (NSW) to claims for inconvenience and distress from breach of contract. Judgment for plaintiff. Reported: Flight Centre Ltd v Louw (2010) 78 NSWLR Byron Bay Retirement Villages Pty Ltd v Zandata Pty Ltd Appearing and advising plaintiff lessee as junior counsel in lease dispute and relief from forfeiture application. Lead by James Stevenson SC, instructed by Colin Biggers & Paisley (Stuart Hetherington & Rachelle Harrington). Judgment for plaintiff. Reported: Byron Bay Retirement Villages Pty Ltd v Zandata Pty Ltd [2008] NSWSC
4 8. Re ABC Learning Centres Limited Appearing and advising applicant receivers as junior counsel in contested application in the Federal Court for extension of convening period. Lead by Fabian Gleeson SC, instructed by Henry Davis York (John Evans and Leonard McCarthy). Extension granted to applicant. Reported: Re ABC Learning Centres Ltd; application by Walker (No 8) (2009) 73 ACSR Michalopoulos v Perpetual Trustees Victoria Ltd Appearing and advising solicitor cross-defendant in proceedings in the NSW Supreme Court regarding unconscionability, fraud and negligence in loan transaction. Instructed by Mallesons Stephen Jaques (Peter Stockdale). Judgment for solicitor. Reported: Michalopoulos v Perpetual Trustees Victoria Limited [2011] NSWSC Crossmark Asia Ltd v Retail Adventures Pty Ltd Appearing on behalf of defendant in NSW Supreme Court in respect of application by plaintiff in respect of goods including application of the PPSA. Instructed by Herbert Smith Freehills (Mark Clifton & Christine Hilder). Judgment for plaintiff. Reported: Crossmark Asia Ltd v Retail Adventures Pty Ltd [2013] NSWSC St George Bank v Indigenous Business Australia Appeared as junior counsel for plaintiff on breach of contract claim in NSW Supreme Court. Lead by Adam Bell SC. Lead by Adam Bell SC, instructed by Henry Davis York (Philip Crawford). Reported: St George Bank v Indigenous Business Australia [2007] NSWSC BHE v Gordian RunOff Appeared as second junior counsel for appellant in insurance & construction proceeding in NSW Court of Appeal. Lead by Steven Finch SC and Anthony McInerney. Instructed by Freehills (Bruce Ramsay, Elisabeth Maryanov and Bobby Liontos). Reported: Baulderstone Hornibrook Engineering v Gordian RunOff [2008] NSWCA 243 Baulderstone Hornibrook Engineering v Gordian RunOff [2009] NSWCA Reavill Farm Pty Ltd v Burrell Solicitors Pty Ltd Appearing on behalf of plaintiffs in proceedings to set aside statutory demands. Instructed by plaintiffs. Judgment for plaintiffs. Reported: Reavill Farm Pty Ltd v Burrell Solicitors Pty Ltd [2013] FCA NSW Legal Aid Commission Numerous advices on insurance, superannuation, equity and property. Instructed by David Coorey. 4
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