Gordon McGrath

Gordon Mcgrath, Barrister

Gordon McGrath holds an LLB (Honours) degree from Victoria University.  He was called to the Bar in 1990 and practices in equity and commercial law, including contracts, property, wills and misleading and deceptive conduct.  Gordon also works in defamation.  Gordon is a co-author of McGrath Price and Davidson ‘Limitation of Actions Handbook – NSW’ (Butterworths).

Areas of practice

  • Alternative Dispute Resolution (Arbitration/Mediation/Expert Determination)
  • Banking
  • Bankruptcy
  • Building and Construction
  • Commercial
  • Corporations Law
  • Defamation
  • Equity
  • Medical Negligence
  • Professional Negligence
  • Property
  • Succession, Wills and Probate
  • Trade Practices and Competition

Papers

Recent Cases

NWC Finance Pty Ltd v  Borsellino  (No. 2) [2016] NSWSC 1338 (23 September 2016) (Contest between Official Trustee in Bankruptcy and unregistered mortgagee of real property for surplus funds paid into Court by first mortgagee)

In the matter of Tolco Pty Ltd [2016] NSWSC 1069 (Application by shareholder to inspect books and records of proprietary company under s. 247A Corporations Act 2001)

Arfaras v Vosnakis [2016] NSWCA 65 (Promissory and proprietary estoppel and contract; control of grave site between holder of burial licence and executor of deceased), also Vosnakis v Arfaras [2015] NSWSC 625

Krnjulac v Lincu [2015] NSWCA 367 (Fraud and extent of liability of volunteers to disgorge profits)

Greenfield v Fairfax Media Publications Pty Ltd (No 2); Greenfield v Australian Broadcasting Corporation — [2015] NSWSC 373 (Defamation – application to strike out defence for ‘pleading back’ and other matters)

Hawes & Ors v Dean & Ors [2014] NSWCA 380 (Construction of contract and law of equitable set-off)

Aubrey v Kain [2014] NSWSC 15 (Family provision: exposition of the principles applicable to adult children and notional estate)

Hardie and Anor v Milling [2014] HCA Trans 260 (14 November 2014) (Special leave refused).  See also Milling v Hardie [2014] NSWCA 163 (Proprietary estoppel)

Slack v Rogan; Palffy v Rogan (2013) 85 NSWLR 253 (Probate and requirements for revocation of will)

Hyland (as executor of estate of Luscombe) v Healey [2013] NSWSC 1513 (Probate suspicious circumstances)

Tsakirakis v Official Receiver in Bankruptcy [2013] FCCA 106 (Challenge to s. 139ZQ Bankruptcy Act 1966 notice issued by OR)

Contact information

Phone: (+61 2) 9335 3022

Fax: (+61 2) 9335 3099

Email: mcgrath@stjames.net.au