Mahmoud Mando

Mahmoud Mando

Barrister – Advocate – Legal Advisor & Strategist – Mentor

Edmund Barton Chambers, Sydney

 

Admitted as a Barrister-at-Law: 2013

Admitted as a Lawyer (Solicitor): 2004

 

Education

  • Bachelor of Arts, University of Sydney, 2008
  • Bachelor of Business/ Bachelor of Laws (First Class Honours), University of Technology, Sydney, 2003
  • Higher School Certificate, James Cook Technology High School, 1998 (Dux Year 12)

Languages other than English: Arabic (proficiency in reading, writing, speaking)

Interests/ Extra-Curricular Activities

  • Martial Arts (Muay Thai Kickboxing; Brazilian Jiu Jitsu; Tae Kwon Do (Black Belt))
  • Guitar Playing
  • Tennis
  • Indoor Rock Climbing
  • Gym Attendance

Sample of Reported Cases:

Insolvency/ Winding Up

In the matter of JKAM Investments Pty Limited [2016] NSWSC 1951 (1 April 2016)

Application to Wind Up Company on the grounds of presumed insolvency due to non-compliance with statutory demand – appeared for defendant company (JKAM) at hearing in Supreme Court – successfully opposed winding up application – plaintiff’s application dismissed with costs. Held: in the assessment/ test of whether a company was insolvent the key considerations are its current assets and current liabilities.

Contracts/ Repudiation of Contract/ Unjust Contracts

NWC Finance Pty Limited v Borsellino [2018] NSWSC 134 (20 February 2018)

Successfully resisted mortgagee’s purported repossession of wife borrower’s home after alleged repudiation of settlement deed for non-payment – debt confined to outstanding money from settlement deed rather than entire amount of mortgagee’s claim based on interest at 84% pa compounding monthly. Held: re: Repudiation of Contract – every breach of contract or non-performance of a step in the contract is not a repudiation of the contract (at [34]); hence non-payment of an instalment on time was not a repudiation of the contract.

Contracts Review Act – unjust interest rate – 84% pa interest even on a short term loan (at [82]), held would be “unjust” and “contrary to right and justice and ordinary standards of fair play” (in this case the CRA did not apply as the loan had been advanced for a business purpose).

Evidence/ Insolvency/ Corporations’ Law/ Privilege Against Self-Incrimination in Civil Cases

In the matter of Lime Gourmet Pizza Bar (Charlestown) Pty Ltd & Ors [2014] NSWSC 1898

Supreme Court proceedings relating to the validity of appointment of an administrator pursuant to section 436A of the Corporations Act – issue as to the application, in civil cases, of the privilege against self-incrimination (section 128 Evidence Act) where a witness has given evidence in chief by affidavit without being compelled to do so by subpoena – the question was whether the witness could be granted a section 128 certificate against self-incrimination in relation to such evidence in such circumstances – Appeared for the first and third defendants and made a successful application that section 128 nonetheless applied to the voluntary proffered evidence of the witness in such circumstances. The Court upheld this application and the witness was granted a section 128 certificate in relation to her evidence, which involved, inter alia, possible incriminating breaches of company directors’ duties.

Equity/ Caveats/ Competing Equitable Priorities

Nabeth Taleb v National Australia Bank Ltd [2011] NSWSC 1562

Supreme Court proceedings addressing legal issues relating to competing equitable interests and priorities between a registered mortgagee’s mortgage and an unregistered financiers’ caveat that was registered prior in time to the mortgage. Appeared for one of the successful defendants opposing extension of the caveat registered on the basis of an alleged equitable charge.

Crime

R v Jaafar (Local Court, Downing Centre, 3 June 2014)

  • Reported in AAP / The Daily Telegraph– June 03, 2014

Good Samaritan’ student Mohammad Baqir Jaafar has charges dismissed over flare at demonstration

http://www.dailytelegraph.com.au/news/nsw/good-samaritan-student-mohammad-baqir-jaafar-has-charges-dismissed-over-flare-at-demonstration/story-fni0cx12-1226941628293

Land & Environment Court – Judicial Review Proceedings

Bankstown City Council v Ramahi (No 2) [2016] NSWLEC 34 (8 April 2016)

Hearing 30 November 2015 – 3 December 2015 – Class 4 LEC – Judicial Review of Accredited Certifier Complying Development Certificate; Enforcement; appeared for accredited certifier in relation to dispute in relation to validity of Complying Development Certificate.

Civil Procedure/ Asset Freezing Orders/ Mareva Injunction

Mohana-Reslan v Halvajieff [2012] NSWDC 124

Professional Liability of Dental Prosthetist performing Unauthorized Dental Work/ Application for Asset Freezing Orders – appeared for the successful applicant/ plaintiff in the District Court for asset freezing orders preventing the defendant from disposing of real property holdings, which had been advertised for sale, and which would have circumvented anticipated judgment against the defendant.

Sample of Unreported Cases:

Injunctions/ Civil Procedure

Qibla College (Adams & Ors v SIA & Ors), May 2016

Supreme Court Injunction Proceedings – successfully stopped proposed school closure – represented minority shareholdings in injunction proceedings on basis of oppression of minority share holders; breaches of Corporations Act/ member meeting rules by directors.

Injunctions/ Land & Environment Court

Bankstown City Council v Ramahi (23 June 2015)

Land & Environment Court – Injunction – Environmental Planning Law – Class 4 Judicial Review Proceedings – successfully opposed injunction seeking to prevent client/ landowner from leasing property to tenants.

Crime / Expert Evidence

R v Carter (14 March 2017 & 19 April 2017)

Appeared for accused – Admissibility of Expert Evidence (fingerprints)/ Circumstantial case against accused based on alleged fingerprint match/ methodology underlying expert opinion as requirement for expert evidence being admissible not established by prosecution; Break and Enter charge dismissed

Caveats/ Property

JKAM Investments Pty Ltd v Damien– Equity Division, Supreme Court of NSW, 15 December 2015

Appeared for builder seeking extension of caveat on property in respect of which builder had undertaken development works which builder had not been paid for in full – caveat extended on basis of builder’s caveatable interest in property based on works completed

Family Law/ Contempt of Court

Al Asadi & Elassadi– Federal Circuit Court, 11-12 November 2015

Family Law Contempt – appeared for husband on successful defence of disputed contempt application against him – application dismissed

Intellectual Property – Confidential Information – Trade Marks – Trusts – Unjust Contracts

Optimum Metallising Australia Pty Ltd & Anor v Vacubrite Australia Pty Ltd (Supreme Court of NSW Proceedings No. 2011/408004)

Intellectual Property/ Confidential Information/ Trade Secrets (Electron beam curing – metallised surfaces)/ Licensing of Intellectual-Industrial Property/ Trade Marks/ Passing Off – Acted for the Defendants who were accused of various breaches of intellectual property rights related to confidential information and trade marks. After compiling extensive affidavit evidence from relevant witnesses, was able to reach settlement of the matter with full dismissal of all claims against the Defendants.

Articles, Publications & Papers

Intellectual Property

Invisible Trademark Infringement and Passing off on the Internet: Meta-Tags, Search Engines, Initial Interest Confusion and Reform” (2015) 26 Australian Intellectual Property Journal 75, Thomson Reuters, Lawbook Co. (AIPJ, May 2015, Vol. 26/2)

Civil Procedure

Preliminary Discovery for Copyright Infringement via Internet File Sharing: Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317,Technolegem, April 2015

Insolvency/ Corporations Law

Assessing Corporate Insolvency: How Far into the Future to Look, November 2015

Statutory Demands – the Matters that Always Matter”, June 2015

Corporate Insolvency – A Summary of Key Legislative Provisions: Fact Sheet, March 2015

Criminal Law

Criminal Law: Reversing a Guilty Plea,7 June 2018

0402 188 769

(02) 9220 6100

Fee rates:

  • $250/hour + GST; or
  • $1500/day + GST

Fixed fee arrangements may also be agreed to by Mr Mando in some matters.