Gordon McGrath

Overview

Gordon McGrath practises in equity (real property list, proprietary and promissory estoppels, partnerships and contracts), succession (family provision and probate) and in defamation.

Gordon is a co-author of McGrath Price and Davidson and “Limitation of Actions Handbook – NSW” (Butterworths), has delivered a number of papers and holds an honours degree in law.

Recent cases of interest:

Tom Folino-Gallo & Sons Investments Pty Limited v Zulian [2019] NSWSC 596 (Successfully defended an interlocutory application for separate hearing of issues including res judicata, issue estoppel, Anshun estoppel and abuse of process in a dispute concerning shareholders agreement)

Bowden v KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig & Chapman [2019] NSWDC 98 (Obtained defamation damages (including compensatory, aggravated and special damages) of $237,000 for a child-care worker who was defamed by his employer in an email to parents after resigning from his employment)

Kiriwina Investment Company Pty Ltd v Green Lees Developments Pty Ltd [2018] NSWCA 210 (Successfully appealed Supreme Court decision that a lender had breached the Farm Debt Mediation Act 1994 (NSW))

Boardman v King [2018] NSWSC 230 (Obtained family provision award for a plaintiff who had received provision under a will sufficient to satisfy financial needs but who was able to establish that an additional award was required to satisfy the testator’s duty to him)

Kovac v Chanak [2017] NSWSC 1023 (Obtained judgment that the client owned a grave sit/burial plot on the basis of promissory and proprietary estoppel)

Kiem Dang Investment v Mansfield & Official Receiver [2017] FCCA 725 (Successfully represented Official Receiver in striking out claims of abuse of process and obtaining exercise of discretion under Administrative Decisions (Judicial Review) Act in favour of Official Receiver)

Arfaras v Vosnakis [2016] NSWCA 65 (Successfully defended in NSW Court of Appeal ownership of a grave site/burial plot after establishing proprietary and promissory estoppels to the grave in Supreme Court proceedings)

NWC Finance Pty Ltd v Borsellino (No 2) [2016] NSWSC 1338 (Obtained for Official Trustee in Bankruptcy surplus funds paid into Court by the first mortgagee in a contest against an unregistered mortgagee)

Krnjulac v Lincu [2015] NSWCA 367 (Successfully appealed the judgment of fraud in a case concerning the liability of volunteers to disgorge benefits innocently obtained by fraud of another)

Hawes v Dean [2014] NSWCA 380 (Conducted successful appeal against application of set-off principles)

Hardie v Milling [2014] HCA Trans 260 (Successfully defended farmer’s ownership of his farm against his daughter and son-in-law’s proprietary estoppel claim in proceedings that went through Supreme Court, NSW Court of Appeal and application for special leave to High Court of Australia)

Areas of Practice

Contact Information

  • mcgrath@stjames.net.au
  • (+61 2) 9335 3022
  • (+61 2) 9335 3099