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

Most of his cases settle at mediation prior to hearing or during the hearing. However some of his recent cases that have gone to judgment (and therefore are public) include:

· Stojanovski v Stoyanovski [2024] NSWSC. Represented claimants in proceedings for proprietary estoppel by encouragement. Matter ongoing.

· Suchand Pty Ltd v Colbran & Stone as receivers and managers of Suchand Pty Ltd and Robtamy Pty Ltd [2024] NSWCA 250. Represented respondent in appeal against grant of security for costs. Substantive matter ongoing.

· In the estate of Pryor [2023] ACTSC 170. Represented Wesley College, Sydney University in defending a claim by an executor that on the proper construction of a gift of money by will to Wesley College, the gift adeemed due to an earlier gift by the testator to the College.

· Estate Zamojski [2023] NSWSC 650. Represented a disabled adult son in family provision proceedings, the issue being the adequacy of provision made for him.

· Inquest into the disappearance and suspected death of Alan Beeby 14 September 2023. Represented the family and estate of a man who was lost at sea bringing a Halvorsen cruiser from Queensland to New South Wales. The Halvorsen cruiser capsized in relatively mild weather. The Coroner found a design fault in the boat.

 

Earlier cases of interest include:

· Hansen v Noble [2021] NSWSC 138. Represented plaintiff in claim for constructive trust based on failure of joint endeavour in acquisition of property.

· MacDonald v Yakiti Pty Ltd [2021] NSWCA 114 Represented appellant in appeal relating to a claim for unconscionable conduct.

· Estate of Alan Bruce Beeby (2020) NSWSC 1532. Represented widow in proceedings to obtain declaration of death and probate prior to expiration of the 7 year presumption of death period in circumstances where there was no body.

· Kiriwina Investment Company Pty Ltd v Green Lees Developments Pty Ltd [2018] NSWCA 210 Represented lender in appeal against a finding of breach of the Farm Debt Mediation Act 1994 (NSW). The case was decided on the basis that a rural business breeding rats for consumption by pets was not a farm within the Act.

· Boardman v King [2018] NSWSC 230 Representing a plaintiff in family provision proceedings 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 Represented plaintiff in relation to claim for ownership of burial plot by promissory and proprietary estoppel by encouragement.

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

· Arfaras v Vosnakis [2016] NSWCA 65 Represented respondent in relation to claim for ownership of burial plot by promissory and proprietary estoppel by encouragement

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