Date Admitted to Practise as a Barrister: 20 December 1984
Nature of Practice:
Sam practises principally in commercial and equity related fields. He was admitted to the New South Wales Bar in 1984, before that having been in sole practice as a Solicitor from 1981 to 1984. He was also an instructor at the College of Law from 1983 to 1984.
He has had extensive property litigation experience and has appeared in a number of reported cases relating to Vendor and Purchaser disputes and Commercial Leases.
Sam is also an accredited Mediator under the newly established National Mediation Standards.
His areas of practice as a Barrister include the whole range of Commercial and Equity Litigation including Trusts, Equity, Wills, Probate, Family Provision, Trade Practices matters, Corporations Law, Building and Construction Disputes and Contractual Disputes of all types.
Sam has appeared in the High Court, Supreme Court including the Court of Appeal as well as the Federal Court, the District Court, various Tribunals including the Administrative Decisions Tribunal and the Local Court.
Qualifications:
(A) Academic
Bachelor of Arts
(University of Sydney) 1977
Bachelor of Laws
(University of Sydney) 1979
Mediation Training
LEADR – September 1992
Practical:
13 July 1979:Admitted as a Solicitor in New South Wales
11 February 1980 admitted to the Roll of Legal Practitioners of the High Court of Australia.
Solicitor sole practitioner 1981 – 1984
Instructor College of Law 1983 – 1984
Admitted to the New South Wales Bar 20 December 1984.
7 May 1990 admitted to the Roll of Counsel in Victoria.
5 April 1989 to July 1994 – Minister for Health’s legal delegate to the Nurses Registration Board (NSW). Until the establishment of the Nurses Tribunal, head of the Disciplinary Committee of the Nurses Registration Board, sitting as the Chairman of hearings relating to professional misconduct.
3 August 1993 and continuing – Appointment by the Minister for Health to sit on the panel of lay persons eligible to sit on Professional Standards Committees and the Nurses Tribunal.
2008 Accredited Mediator under Australian National Mediation Standards.
Mediator appointed for referral of Supreme Court Mediation.
Mediator appointed for referral of District Court Mediation.
Practice Experience:
Sam’s practice experience is illustrated by the following decisions deemed worthy of report.
Property Cases:
Mandalidis v. Artline (1999) 47 NSWLR 568; Vendor and Purchaser rescission for affectation.
Alliance Acceptance v. Ellison (1986) 5 NSWLR 102, C of A (1987) 9 NSWLR 13; Profit á prendre and rights of mortgagee on exercise of power of sale.
Butler v. Muddle (1995) NSW Conv R 55-745; Rights obtaining to right of way.
Finlayson v. Campbell (1997) NSW Conv R 55-825; Substantial interference with easement.
Ching v. Chami (1989) NSW Conv R 55-448; Conditional contract building development subdivision approval – implied obligation of co-operation.
Commercial Leases:
Cripps v. G & M Dawson P/L (2006) ANZ Conv R 350 [2006] NSWCA 81; G & M Dawson P/L v. Cripps Jones & Anor (2005) NSW Conv R 56-11; Retail Lease; Principles relating to damages for failure to consent to assignment.
Bava Holdings v. Pando Holdings (1998) NSW Conv R 55-862; Exercise of option and Rent Review.
Equitable Interests:
Jones v. Daniel FCAFC (2004) 141 FCR 148; (FC) 32 Fam LR 160; Orders made in the Family Court under S79 vested equitable interest in matrimonial property in wife which defeated husband’s Trustee in Bankruptcy.
Jones v. Daniel (2004) 12 BPR 145 (SC); Trustee in Bankruptcy did not have caveatable interest.
Gardiner v. Chief Commissioner of State Revenue (2004) 59 NSWLR 549; No equitable interest intended to be created on execution of transfer, consequently duty refundable.
Delehunt v. Carmody (1986) 161 CLR 464; Confluence between equitable and legal presumptions based on equal contribution to property acquisition.
Estoppel:
Brinds Ltd v. Chapmans Ltd (1985) 10 ACLR 97; Winding up proceedings – evidentiary effects relating to prior Statutory Demand.
Offshore Oil NL v. Southern Cross Exploration (1985) 3 NSWLR 337; Estoppel by Deed.
Mortgage Security:
Chin Hoat v. NAB [1996] ANZ Conv R 188; Whether proceeds of collateral security ought to be applied rateably to all debts.
Other Reported Decisions:
Rickard Constructions P/L v. Rickard Hails Moretti P/L (2006) 66 NSWLR 724; The extent of power of the Court to make a non party costs order.
Delta Landscaping v. Bell Dies (1990) 20 NSWLR 508; Successive ex parte applications for delivery up of chattels.
Slade & Anor v. Gea [2000] NSWSC 806; Ritchie SCR pt 51B.14; Special circumstances required for security for costs on appeal from Magistrate to Supreme Court.
Food Improvers P/L v. BGR Corporation P/L (No.2) (2006) 155 FCR 216 (2006) 232 ALR 674; Considerations on Application to close Court during cross examination of witness based on his medical condition where he was a key witness in tobacco industry litigation under investigation for purposes of cross examination.
Toyota Finance Australia v. Dennis (2002) 58 NSWLR 101; Recaption of chattels.
Elkateb v. Lawindi (1997) 42 NSWLR 396; Dispute with respect to a claim for quantum meruit where a building contract might be unenforceable but was nevertheless a dispute arising ‘in connection with’ a contract falling within arbitration clause.
Acron Pacific v. Offshore Oil (1985) 157 CLR 514; Penalties and moratorium Deed.
Committees:
Served on the New South Wales Bar Association’s New Barristers’ Committee, Legal Education & Reading Committee and Commercial Liaison & Listing Committee 1989 – 1990.
Served on the New South Wales Bar Association’s Mediation Committee 2005 – 2007.
