Achievements
Below are a sample of the achievements and specific career experience of the partners and senior associates of Sarvaas Ciappara. Please call us to discuss how our expertise can help in your situation.
Note that for reasons of client confidentiality, we cannot list all of our achievements.
Commercial Litigation
Contract
Acted for an equipment leasing company and succeeded at trial in a claim for damages for breach of contract, including recovery of future leasing payments. (2020)
Building Defects
Owners’ Corporation Building Defects Claim
Represented the Owners’ Corporation in a District Court claim for damages against a builder and developer involving multiple minor and major building defects. Achieved a commercial settlement prior to final determination involving payment of lump sum damages to the Owners. (2020)
Commercial Litigation
Mediation
Acted for a finance company in proceedings involving damages for breach of contract and calculation of future losses. Represented the company at a Mediation and achieved a commercial settlement. (2020)
Major Building Defects
Construction and Engineering
Represented the Owners’ Corporation in District Court proceedings involving a strata town house complex with building defects and major engineering problems with a number of units. Negotiated a complex settlement including rectification of defects and removal of Owners’ potential liability for long terms structural issues, and payment of expenses and costs on a commercial basis. (2020)
Building Defects
NCAT
Represented the Owners’ Corporation in NCAT proceedings against the Builder and Developer relating to building defects in a large lot high rise complex. A favourable settlement was achieved for the Owners before the trial involving rectification of the majority of defects and a commercial payment for expert expenses and legal costs. (2020)
NCAT Proceedings
Protection of Strata Corporation Records
Acted for the Owners Corporation and prevented a major newspaper publisher from obtaining access to Strata Corporation records and evidence filed in proceedings. (2019)
Commercial Litigation
Trade Practices
Successfully represented a finance company against a legal practice in a claim for damages for breach of contract. Won the proceedings at trial and obtained an indemnity costs order for the client. (2019)
NCAT Proceedings
Strata Manager Conduct
Represented the Owners Corporation in a dispute with former strata managers involving allegations of misconduct. Achieved a favourable commercial settlement for the Owners. (2019)
Building Defects
NCAT
Acted for the Owners’ Corporation in NCAT proceedings against the Builder and Developer relating to general and major defects. Achieved a commercial settlement before the trial involving rectification of the majority of defects and a commercial payment for expert expenses and legal costs. (2019)
Equitable Relief
Employee Fraud
Successfully represented a multi-national corporation in proceedings against an employee who had engaged in misappropriation of company funds. Obtained a freezing order and other relief in the Supreme Court. (2018)
Court of Appeal
Engineering
Acted for a large client in Court of Appeal proceedings. Achieved success in the Court of Appeal in relation to all grounds of appeal. (2017)
Engineering Litigation
Railway Break System
Represented a multinational engineering company in defence of long running proceedings brought for alleged defective breaking equipment, negligence, breach of contract, misstatement and misleading and deceptive conduct. Proceedings involved preparation of complex expert evidence and multiple witness statements. The proceedings were settled on a favourable commercial basis before trial. (2017)
Engineering Claim
Pursuit of Damages
Successfully prosecuted a major engineering claim for a company in relation to defective container pavement. Obtained a substantial Supreme Court judgement for the client following a four week trial. (2016)
Commercial Litigation
Insurance
Acted for home owners against large insurance company in relation to defective works and achieved a judgment in favour of the clients in the CTTT. (2014)
Commercial Litigation
Taxation Law
Acted for two company directors that were sued for almost $2.8 million by the ATO. The firm assisted the directors to achieve a very favourable settlement. (2014)
Corporate Regulatory
Investigations
Acted for a company director against ASIC who considered that our client was not a fit and proper person to manage corporations. Sarvaas Ciappara made detailed submissions to ASIC and the client was not banned from managing corporations. (2013)
Commercial Litigation
Property
Represented 3 tenants against landlords who had disrupted quiet enjoyment with building works and made the premises uninhabitable. Achieved settlement payments for 2 tenants and judgment damages for the third tenant in the CTTT. (2013)
Corporate Regulatory
Investigations
Represented a company director in an ASIC examination in relation to allegations that the director had failed to exercise his duties with care and diligence, had failed to exercise his duties in good faith, had gained an improper advantage for himself, had acted without an Australian financial services licence and had engaged in dishonest conduct. No further action was taken by ASIC in relation to any of these allegations. (2013)
Insolvency
Defence of Directors
Acting for directors pursuant to indemnity from insurer in defence of claims brought by liquidator in the Federal Court, including issues of solvency, alleged uncommercial transactions and director’s duties (2010-2011).
Commercial Litigation
Trade Practices and Contract
Acted for finance company in several Victorian County Court proceedings in recovery of corporate equipment loans, with settlement of all proceedings prior to trial (2010-2011).
Commercial Litigation
Trade Practices and Contract
Acted for international manufacturer in successful prosecution of contract claim, and successful defence of trade practices allegations; Coldy Holder Products Pty Ltd v Tec Business Equipment & Ors [2010] LCNSW 4859/2007
Commercial Litigation
Property
Acted for retail landlord in successful defence of claim brought by tenants in Administrative Appeals Tribunal; James Thoo Services Pty Ltd v Mojo NRG & Ors Administrative Decisions Tribunal NSW 12/11/2008.
Commercial Litigation
Property
Acted for landlord in obtaining injunctive orders against tenant in commercial lease, won Supreme Court trial for landlord including interpretation of lease, damages & costs; Micalizzi v Hasaj [5708/2007] NSW SC Judgment 11 August 2008.
Commercial Litigation
Insurance
Acted for plaintiff in substantial economic loss claim (per quod servitium amisit), won Supreme Court hearing in respect of interpretation of the Civil Liability Act; Chaina v Presbyterian Church (NSW) Property Trust & Others [2007] NSWSC 353.
Corporate Regulatory
Investigations
Numerous attendances with clients at Section 19 examinations at ASIC in relation to allegations of insider trading, market manipulation and breach of director’s duties, response to federal warrants and Section 30 Notices, hearings and investigations by ASIC and ASX (2000-2008).
Appeal Litigation
Professional Negligence
Successfully defended a high profile doctor in professional negligence appeal to the Supreme Court of Tasmania; Medical Council of Tasmania v Dr Lad [2007] TASSC 69.
Commercial Litigation
Trade Practices
Acted for finance company in ongoing prosecution of contract claim and defence of unconscionable conduct allegations in Victoria (2007-2008).
Corporate Regulatory
Investigations
Represented NSW senior manager at TGA and ASIC examinations and investigations regarding Pan Pharmaceuticals Ltd (2004-2007).
Corporate Regulatory
Investigations
Represented NSW witness in dealings with ASIC and regarding Supreme Court proceedings in ASIC v James Hardie Industries NV & Ors (2007).
Commercial Litigation
Interpretation & Appeals
Acted for corporation in various Supreme Court, Court of Appeal and High Court proceedings against National Australia Bank regarding contract, abuse of process, interpretation of Court orders and gross sum costs (2005-2007).
Construction Litigation
Multi-jurisdictional Proceedings
Acted for ASX listed national construction materials supplier in multiple District & Local Court proceedings, and enforcement of judgments (2005-2006).
Commercial Litigation
Contract & Estoppel
Successfully acted for director in Supreme Court proceedings relating to complex breaches of contract, estoppel and retirement benefits, obtained indemnity costs against insurance company; Whitlam v Insurance Australia Group Ltd [2005] NSW SC 83 (2004-2005).
Commercial Litigation
Appeal
Successful Appeal of NSW District Court decision regarding summary judgment, triable issues and exercise of discretion; Cosmos E-C Commerce v Bidwell & Associates [2005] NSWCA 81 (2004-2005).
Corporate Regulatory
Proceedings
Acted for NSW director in Federal Court proceedings brought by ASIC in relation to alleged misleading statements in a prospectus, mediation and settlement with ASIC (2005).
Commercial Litigation
Defamation
Successfully acted for high profile director in a 7A jury trial relating to defamatory comments made by a leading Australian television program (2004).
Corporate Regulatory
Royal Commission
Successfully represented two senior persons of interest at HIH Royal Commission with no recommendations for civil or criminal proceedings (2004).
Corporate Regulatory
Royal Commission
Member of team successfully representing Goldman Sachs at HIH Royal Commission (2004).
Corporate Regulatory
Civil Penalty Proceedings
Successful defence of NSW director in high profile civil penalty proceedings brought by ASIC in relation to director’s duties and conduct at AGM; ASIC v Whitlam [2002] NSW SC 591; [2003] NSWCA 183; [2004] HCA Trans 91 (2002-2004).
Commercial Litigation
Mediation
Acted for ASX-listed rural company in a 3 year negligence and breach of contract claim concerning installation of pipes to water storage, mediation & settlement (2002-2004).
Commercial Litigation
Authority & Agency
Successful defence of property developer in expedited Supreme Court proceedings and Court of Appeal, issues of actual & ostensible authority and agency; Essington Investments v Regency Property [2003] NSW SC 828; [2004] NSW CA 375 (2003-2004).
Corporate Regulatory
Delegates Hearing
Successfully acted for publicly listed funds manager and securities dealer at ASIC Delegates Hearing in relation to over 100 allegations of market manipulation (2004).
Corporate Regulatory
ASIC Prosecutions
Acted for ACT and NSW financial advisors in relation to ASIC investigations and criminal proceedings regarding Wattle Group pyramid scheme; pleas and avoidance of custodial sentences (2002).
Commercial Litigation
Trade Practices
Successful prosecution of trade practices claim by public company against former directors, misrepresentation issues (2000-2001).
Commercial Litigation
Partnership
Acted for a partner in dissolution of hotels partnership including Supreme Court proceedings, interlocutory orders and negotiations (1999).
Commercial Litigation
Quantum Valebut Claim
Acted for South Australian manufacturer and exporter in prosecution of contract and quantum valebut proceedings, and in defence of passing off proceedings in Supreme Court of Victoria, successful negotiation & settlement of dispute (1998-1999).
Construction Litigation
Multi-jurisdictional Proceedings
Acted for property developer and builder in relation to a large number of Magistrates Court, District Court & Commercial Tribunal proceedings against sub-contractors and other parties during the course of a 200 unit subdivision and commercial development
(1994-1999).
Construction Litigation
Negligence
Acted for national chemical manufacturer in defence of proceedings brought by institutional building owner following alleged long term breakdown of chemicals used in construction processes (1999).
Construction Litigation
Liquidated Damages
Advised client and prepared construction proceedings involving liquidated damages and retention sums to be issued in Germany against large German engineering corporation (1998-1999).
Commercial Litigation
Injunction
Member of team acting for University of Adelaide in prosecution of Anton Pillar Order including leadership of team attending premises to seize documents and property pursuant to orders of Supreme Court of SA (1998).
Commercial Litigation
Trade Practices
Successful defence of passing off and trade practices claim against manufacturing client brought in Federal Court at Victoria; Betta Foods Australia v Betta Fruit Bars (1998) ATPR 41-624 (1997-1998).
Commercial Litigation
Corporations Act
Acted for directors of gold mining company in defence of Supreme Court proceedings brought by alleged oppressed minority shareholders (1997-1998).
Resources Litigation
Undertaken prosecution and defence of mining tenement and exploration licence plaints in the Warden’s Court (1995-1998).
Resources Litigation
Negotiated and settled long running dispute between companies over a number of South Australian gold tenements (1997-1998).
Construction Litigation
International Dispute
Attendance in Singapore to advise directors of international engineering and construction group about Australian claims resolution, and ongoing proceedings in Victoria and South Australia, successful negotiation & settlement of dispute (1998).
Commercial Litigation
Professional Negligence & Manufacturers Warranty
Acted for international manufacturer in successful defence of a marine engineering negligence claim, manufacturers warranty and trade practices claims at District Court trial, Full Court Appeal and High Court application; BMW Australia v Ocean Marine-Tech (1996) 189 LSJS 1 (1995-1996).
Construction Litigation
Building Liens
Prosecution and defence of numerous building worker’s liens matters, including common law and statutory liens and charges in District Court jurisdiction and appeals; MSP Group v Fernleigh Gardens Estate (1996) 189 LSJS 164 (1992-1996).
Insolvency
Challenging Composition
Member of team acting for AMP in Federal Court action seeking status as creditor, entitlement to vote and overturning of Part X composition; AMP v Kennedy 1996 UJ BC 9600781 (1996).
Insolvency
Preferential Payments
Acted for and against liquidators in relation to preferential payment and insolvent trading by directors proceedings in Supreme Court jurisdiction.
Insolvency
Statutory demands
Prosecuted and defended applications in Supreme Court to set aside Statutory demands pursuant to section 459 of the Corporations Law.
Construction Advice
Advised project engineers and in-house counsel of national energy contractor about consequences of amendments to AS 4300 Contract and defects liability period / retention issues.
Construction Advice
Advised international architecture firm acting as superintendent of major building project in relation to issue of final certificate.
Corporations Advice
Appointed as legal counsel for national body for project management; advised senior directors and attendance at board meetings.