Some notable cases in which Tim has appeared:
Pinnacle Living & Anor v QBE Insurance [2023] VSC 621 (leading David Carolan) (Claim for indemnity under a fire policy. A form of release was executed by the insured. In the proceeding, the insured sought to avoid the release. In the alternative, the insured claimed payment of the balance said to be due under the release. The question raised was whether the parties had abandoned the release.)
Re Silva; Scott v Silva [2022] VSC 397 (Application for rectification of a will. Following the death of one of his six adult children, the deceased made a new will. The new will, properly construed, disinherited the issue of the deceased child. Rectification of the new will sought on the basis that it did not carry out the intentions of the deceased.)
Cheung v Hu [2022] VCC 291 (Claim in restitution. Closely-held corporation. Shareholder loan reconstituted and backdated as subscription for shares in capital of company. Plaintiff sought recovery of amounts paid for “interest” under superseded loan agreement on basis of total failure of consideration.)
Pryse v Castleman [2021] VSC 833 (leading Tim Greenway). (Application for removal of caveat. Dispute between brother and sister regarding the transfer of farming land from their late mother to the brother.)
Newberry v Scammell [2020] VCC 1997 (Claim against driver of vehicle towing caravan. Wheel of caravan fell off as a result of bearing failure starting a fire which spread to Plaintiff's property. Issue: was the driver guilty of negligence in the maintenance of the caravan?)
Du v Georgiadis [2020] VSCA 306 [leading Andrew Silver] (Whether a claim for equitable compensation for conversion of trust property was available where more than six years had passed since the cause of action accrued.)
Fernandez v Cohrs [2019] VSC 727 (Application for freezing order. Respondent charged with serious criminal offences.)
Mediratta v Clark [2019] VSC 685 (Whether a contract of sale should be construed as permittting the purchaser or his representative to have access to the land at any time for the purpose of obtaining a valuation.)
Donkin v Donkin [2019] VCAT 1057 (Claim for sale of co-owned property.)
Cranes Asphalting & Bitumen Sealing v Gippsland Asphalt [2018] VCC 1957 (Claim against supplier of asphalt used in the construction of netball courts. Issue: was the asphalt of merchantable quality?)
Theonas v Selemidis [2016] VSCA 115 [leading Justin Foster] (Claim to enforce a guarantee in circumstances where the guarantor contended that his obligation was satisfied as a result of payments to a third party.)
Mathieson Nominees v Aero Developments [2016] VSC 131 (Claim against the nominee under a contract of sale of real estate seeking to enforce an equitable charge.)
Merost Pty Ltd v CPT Custodian Pty Ltd [2014] FCA 97 (Misleading or deceptive conduct in connection with the sale of a shopping centre.)
Beerens v Bluescope Distribution Pty Ltd (2012) 39 VR 1 [leading Kieren Naish] (Claim under guarantee said to have been obtained in circumstances amounting to economic duress.)
Body Bronze International Pty Ltd v Fehcorp Pty Ltd (2011) 34 VR 536 (Misleading or deceptive conduct in connection with a financing arrangement made by a franchisor and franchisee.)
Solid Investments Australia Pty Ltd v Clifford (2010) 27 VR 41 (Claim for rescission of a contract for the sale of a lot on an unregistered plan of subdivision.)
Heritage Clothing Pty Ltd v Mens Suit Warehouse Direct Pty Ltd [2008] FCA 1775 (Misleading or deceptive conduct in connection with a “buy one, get one free” promotion.)
R & L Bell Pty Ltd v Casboult (2003) 6 VR 271 (Application for removal of caveat in circumstances where a previous caveat, in identical form, had been withdrawn.)