Martin practises in Commercial Disputes.
Martin has been selected for inclusion in Best Lawyers Australia since 2013, in the fields of Litigation and Alternative Dispute Resolution.
Prior to coming to the Bar in 2014, Martin was a partner in the Commercial Disputes Group of Herbert Smith Freehills from 2000 onwards. He was the Practice Area Leader of that Group from 2007 until 2014.
Martin practises in Commercial Disputes.
Martin has been selected for inclusion in Best Lawyers Australia since 2013, in the fields of Litigation and Alternative Dispute Resolution.
Prior to coming to the Bar in 2014, Martin was a partner in the Commercial Disputes Group of Herbert Smith Freehills from 2000 onwards. He was the Practice Area Leader of that Group from 2007 until 2014.
Appearances
Euromark Ltd v Smash Enterprises Pty Ltd & Ors (SCV - acted for plaintiff on remitter hearing regarding quantum assessment of plaintiff's loss of bargain damages - led by Oren Bigos KC - [2023] VSC 490)
Lun & Ors v Barry Road Project Pty Ltd & Flagstar Holdings Pty Ltd (SCV - acting for defendant lender to a trust company, defending various allegations made by unit holders of the relevant trust - ongoing - S ECI 2022 03071)
Euromark Ltd v Smash Enterprises Pty Ltd & Ors (VSCA - acted for plaintiff, successfully appealing against first instance decision on termination of distributorship agreement and successfully opposed cross-appeal - led by Oren Bigos KC - [2022] VSCA 267)
Weng & Anor v Bensons Funds Management Pty Ltd & Anor (SCV - acting for plaintiff alleging breach of contract and misleading conduct - led by Charles Shaw KC - ongoing - S ECI 2022 04617)
Euromark Ltd v Smash Enterprises Pty Ltd & Ors (SCV - acted for plaintiff, alleging wrongful termination of distributorship agreement and unconscionable conduct - led by Oren Bigos KC -succeeded at first instance on unconscionable conduct claim and in obtaining orders as to costs - [2021] VSC 97, and [2021] VSC 393)
LL UP Pty Ltd & Anor v Kegland Distribution Pty Ltd & Ors - (SCV - acting for plaintiffs, claiming oppression and misleading conduct - led by Peter Cawthorn KC - ongoing - S ECI 2021 02252)
Ryan & Mia Pty Ltd v Royalfield Corporation Ltd & Ors (SCV - acted for plaintiff seeking damages alleging breaches of the ASIC Act, Corporations Act and Australian Consumer Law in the context of a share investment - settled - S ECI 2019 03727)
Lucklink Pty Ltd v Lee (CCV - acted for plaintiff lender seeking damages for alleged breaches of the ASIC Act and Australian Consumer Law - settled - CI-20-05302)
Hoyisun Pty Ltd v Hu (CCV - acted for plainitff alleging professional negligence and breach of contract against defendant - settled - CI-22-02384)
Hoyisun Pty Ltd v Corelli & Torimaru (CCV - obtained judgment for plaintiff lender seeking recovery of loan - [2021] VCC 1197)
Campbell v Hospitality 3564 Pty Ltd (VCAT - acted for a former tenant in a dispute arising regarding a lease - settled)
W&B Investment Group Pty Ltd re: Kingsland Timber (Australia) Pty Ltd (In Liq) - (SCV, 2020 - acted for plaintiff in a successful application for orders that the winding up of a company be stayed - S ECI 2020 02622)
Djordjevic v Ethnic Community Broadcasting Association of Victoria Ltd (CCV, 2020 - acted for plaintiff in a defamation proceeding relating to a radio broadcast - settled)
Firth v Honeyman (CCV, 2020 - acted for defendant in a joint venture dispute - successfully resisted plaintiff's summary judgment application - settled)
Milina & Ors v Lee & Ors (SCV, 2019 - acted for the defendants in a dispute regarding an alleged contract for the sale of land - settled)
Kingston & Knight Audit Pty Ltd v HGC Properties Pty Ltd (VSC, 2019 - appeared for defendant to a winding-up proceeding, and successfully opposed an application by a supporting creditor to be substituted as plaintiff - [2019] VSC 202).
Russell v Aitken Partners (VCC, 2019 - acted for defendant in successfully defending a claim for professional negligence - [2019] VCC 1164 - and in obtaining orders for costs - [2019] VCC 1217)
Burke v Shiells & Shiells (CCV, 2018 - acted for plaintiff seeking costs of the defamation trial referred to below - plaintiff awarded indemnity costs of the entire proceeding - [2018] CCV 1924)
Burke v Shiells & Shiells (CCV, 2018 - appeared for successful plaintiff in a 20-day defamation trial - plaintiff awarded $75,000 damages plus interest, and indemnity costs as referred to above - [2018] CCV 1645)
Toll Transport Pty Ltd v Erikson (FCC, 2017 - obtained injunctions based on injurious falsehood, preventing further publication of material identifying the respondent as a Toll employee - [2017] FCCA 3120)
Huang v Zhi & Murray Valley Meat (CC, 2017 - obtained damages of $220,000 for defamation, and injunctions preventing further publications of the same defamatory matter - [2017] VCC 1990)
Elsternwick Supermarket Pty Ltd v PBJ Fibrelux Pty Ltd (VCAT, 2017 – obtained orders that defaulting tenant pay rent exceeding $280,000, plus indemnity costs - BP250/2014)
Sleeman v Eastern Health (VSC, 2017 - dispute as to settlement affected by mistake – settled)
Australian Unicorn Agricultural Development Pty Ltd v Aufeng IH Pty Ltd (VCC, 2016 - obtained freezing orders, led by Peter Booth - [2017] VCC 170)
Choice Planning Pty Ltd v. Anacott Steel Pty Ltd (In Liq) (VSC, 2016 - property development dispute, led by Ian Martindale QC – obtained judgment and orders that defendant pay the plaintiff $7.466 million plus interest and costs - [2016] VSC 704)
Timbercorp Finance v Gruyters and Lowe (VSC – acted for borrowers from the failed Timbercorp Group)
Yang & Yarn International Pty Ltd v. Ostrycharz International Pty Ltd (VMC, 2016 – dispute concerning loss of goods in transit – settled)
PS Corporation (Aust) Pty Ltd v Dutta (VSC, 2016 – claim against former employee regarding use of IP - settled)
Xin Zheng v Suning Pty Ltd (VCAT, 2016 – obtained indemnity costs orders for 7-day hearing - [2016] VCAT 1306)
Xin Zheng v Suning Pty Ltd (VCAT, 2016 – sale of business dispute - [2016] VCAT 809)
Bellamys Limited v Flahey (Federal Court, 2016 - claim against former employee, led by Paul Santamaria QC - settled)
Nie v Wang (VMC, 2016 – obtained judgment for lender under a loan agreement – Case F.13818268)
Burke v Shiells (VMC, 2015 – extension to 3 years of the 1 year time limit for defamation claims – Case F.12757725)
Choice Planning Pty Ltd v. Mider@Franklin Street Pty Ltd (VSC, 2015 - obtained freezing orders, led by Ian Martindale QC - [2015] VSC 59)