Martin is an experienced commercial litigator. He accepts briefs for appearances, advice and mediations as counsel appearing and also as mediator. Martin has a key appreciation of the commercial needs and expectations of the solicitor as well as the client in the disputes in which he is briefed.
Coming to the Bar having previously been a Partner at Herbert Smith Freehills, Martin has aptitude to take on significant disputes, as well as smaller matters involving discretion and confidentiality. Martin accepts matters as junior on a briefed team, as well as where he is briefed as sole counsel for advice and appearances. Martin is regularly recognised in ‘Best Lawyers’ in the categories of Litigation and Alternative Dispute Resolution.
Whilst a commercial law generalist, Martin has particular expertise and interest in:
For further information about some of the matters Martin has been involved in please refer to his ‘Extended Biography’ page or speak with Svenson Barristers.
Martin’s work has included litigation and mediation for clients in the Supreme, Federal and County Courts. Some of his recent and forthcoming appearances include the following:
2024
LL UP Pty Ltd v Kegland Distribution Pty Ltd & Ors – Oppression proceeding concerning an importing / retail company relating to the appointment of a director and subsequent issue of shares in the company (led by Peter Cawthorn KC) (SCV, trial part-heard from 8-22 May 2024, resuming 17 July 2024)
Weng v Bensons Funds Managements Pty Ltd & Anor – Dispute regarding amendments to a unit trust deed in 2020 to introduce a Force Majeure clause which was relied on by the trustee in the context of Covid to suspend the redemption of units (led by Charles Shaw KC) (SCV, trial scheduled August 2024)
Lun & Ors v Barry Road Project Pty Ltd & Flagstar Holdings Pty Ltd – Claims by unit holders in a unit trust against the trustee and against a lender to the trustee, including allegations of breach of trustee duties, and Barnes v Addy claims (SCV, ongoing)
Hermesvilla Pty Ltd v Jalin Realty Australia Pty Ltd – Claim for conversion and detinue and breach of contract in the context of a business providing short-stay residential accommodation (CCV, trial scheduled September 2024)
Hospitality 3564 Pty Ltd v Hildebrandt – Claim alleging professional negligence in respect of advice given to a retail hospitality business (CCV, trial scheduled October 2024)
Mochizuki v AFS Investment Holdings Pty Ltd – Claim for misleading conduct and for breach of contract regarding a significant share investment (CCV, trial scheduled November 2024)
Dreamlizer Pty Ltd v E& F Farag & Anor – Dispute regarding termination of lease for a short-stay residential accommodation business, including allegations of misleading conduct (VCAT, ongoing)
2023
Euromark Ltd v Smash Enterprises Pty Ltd & Ors - Acted for plaintiff on hearing remitted by the VSCA to the trial judge, for the quantum assessment of the plaintiff's loss of bargain damages arising from termination of distributorship agreement (led by Oren Bigos KC) (VSCA, [2023] VSC 490)
Lucklink Pty Ltd v Lee – Claim involving allegations of misleading conduct and unconscionable conduct in the context of loans made to an automotive retailer (CCV, settled - CI-20-05302)
Ryan & Mia Pty Ltd v Royalfield Corporation & Ors – Claim involving allegations of misleading conduct and unconscionable conduct regarding a share investment made in the context of a proposed IPO (SCV - settled - S ECI 2019 03727)
Hoyisun Pty Ltd v Hu – Dispute involving claims of professional negligence and breach of contract against solicitor (CCV, settled - CI-22-02384)
2022
Euromark Ltd v Smash Enterprises Pty Ltd & Ors – Acted for plaintiff successfully appealing the 2021 first instance decision to the extent that it concerned termination of distributorship agreement (led by Oren Bigos KC) (VSCA, [2022] VSCA 267)
2021
Euromark Ltd v Smash Enterprises Pty Ltd & Ors – Acted for plaintiff, a UK-based distributor, who succeeded in claims for unconscionable conduct against senior staff of the local principal (led by Oren Bigos KC) (VSC, [2021] VSC 97)
Euromark Ltd v Smash Enterprises Pty Ltd & Ors – Acted for the same plaintiff in hearing as to costs (led by Oren Bigos KC) (VSC, [2021] VSCA 393)
Hoyisun Pty Ltd v Corelli & Torimaru - Obtained judgment for plaintiff lender seeking recovery of loan (CCV, [2021] VCC 1197)
Campbell v Hospitality 3564 Pty Ltd – Dispute regarding termination of a lease for a retail hospitality business (VCAT - settled)
2020
W&B Investment Group Pty Ltd re: Kingsland Timber (Australia) Pty Ltd (In Liq) - Acted for plaintiff in a successful application for orders that the winding up of a company be stayed (SCV, S ECI 2020 02622)
Djordjevic v Ethnic Community Broadcasting Association of Victoria Ltd - Acted for plaintiff in a defamation proceeding relating to a radio broadcast (CCV, settled)
Firth v Honeyman - Acted for defendant in a joint venture dispute - successfully resisted plaintiff's summary judgment application (CCV, settled)
2019
Milina & Ors v Lee & Ors (SCV, 2019 - acted for the defendants in a dispute regarding an alleged contract for the sale of land - settled)
Kingston & Knight Audit Pty Ltd v HGC Properties Pty Ltd (VSC, 2019 - appeared for defendant to a winding-up proceeding, and successfully opposed an application by a supporting creditor to be substituted as plaintiff - [2019] VSC 202).
Russell v Aitken Partners - Acted for defendant in successfully defending a claim for professional negligence (CCV, [2019] VCC 1164) - and in obtaining orders for costs - [2019] VCC 1217)
2018
Burke v Shiells & Shiells - Appeared for plaintiff seeking costs of defamation trial - plaintiff awarded indemnity costs of the entire proceeding (CCV, [2018] CCV 1924)
Burke v Shiells & Shiells – Appeared for successful plaintiff in a 20-day defamation trial - plaintiff awarded damages plus interest, and indemnity costs as referred to above – (CCV, [2018] CCV 1645)
2017
Toll Transport Pty Ltd v Erikson - Acted for plaintiff, obtained injunctions based on injurious falsehood, preventing further publication of material identifying the respondent as a Toll employee (FFC, [2017] FCCA 3120)
Huang v Zhi & Murray Valley Meat – Acted for plaintiff in a defamation claim, obtained damages of $220,000, and injunctions preventing further publications of the same defamatory matter (VCC, [2017] VCC 1990)
Elsternwick Supermarket Pty Ltd v PBJ Fibrelux Pty Ltd – Acted for landlord, obtained orders that defaulting tenant pay rent exceeding $280,000, plus indemnity costs (VCAT, BP250/2014)
Australian Unicorn Agricultural Development Pty Ltd v Aufeng IH Pty Ltd – Acted for successful applicant in application for freezing orders against a defaulting borrower (led by Peter Booth) (CCV, [2017] VCC 170)
2016
Choice Planning Pty Ltd v. Anacott Steel Pty Ltd (In Liq) – Acted for lender to a property development company – obtained judgment requiring borrower to pay $7.466 million plus interest and costs (led by Ian Martindale QC) (SCV, [2016] VSC 704)
Bellamys Limited v Flahey – Acted for an employer in claim against former employee (led by Paul Santamaria QC) (FFC, settled)
Nie v Wang – Obtained judgment for lender under a loan agreement – (VMC, F.13818268)
Burke v Shiells – Acted for plaintiff, obtained extension of the 1 year limitation period for defamation claims, to 3 years (VMC, Case F.12757725)
2015
Choice Planning Pty Ltd v. Anacott Steel Pty Ltd (In Liq) – Acted for lender to a property development company – obtained freezing orders over the assets of various defendants to the extent of $8.01 million (led by Ian Martindale QC) (SCV, [2015] VSC 59)