Pikes and Verekers Lawyers > What We Do > Litigation & Dispute Resolution

Litigation & Dispute Resolution

Introduction

Pikes & Verekers Lawyers' Litigation & Dispute Resolution team combines experience in all types of dispute resolution with a commercial focus. Known for their expertise in complex, difficult and novel litigation, our experienced lawyers are tenacious and lateral thinking in their approach, supported by a wealth of experience.

Pikes & Verekers Lawyers has acted in cases in the High Court, Federal Court, Supreme Court, District Court, Local Court and Tribunals including the NSW Civil & Administrative Tribunal. Pikes & Verekers Lawyers has represented many clients in construction and property disputes and shareholding disputes. Pikes & Verekers Lawyers has appeared in all classes in the Land and Environment Court.

Experience

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Acting in the successful defence of a former Director of Southern Cross Constructions (NSW) Pty Limited against the enforcement of a guarantee given in support of a development project: Adisan Pty Ltd v Irwin & Ors [2014] NSWSC 1043.
Acting for the successful appellant in High Court proceedings to reinstate the finding by the Supreme Court of NSW that the dismissal of a former Deputy Commissioner of Police from office was invalid for breach of the requirements of natural justice: Jarratt v Commissioner of Police (2005) 224 CLR 44.
Acting for the successful applicant to set aside a statutory demand including a claim by the plaintiff debtor that part of the monies to which it was entitled a set off were in respect of causes of action held by the plaintiff against the creditor/defendant under the doctrines of knowing receipt and knowing assistance: Hopetoun Kembla Investments Pty Ltd v JPR Legal Pty Ltd [2011].
Extensive involvement in the Blackburn Royal Commission and the subsequent claim by Mr Blackburn against the State of New South Wales.
Large-scale litigation including issues concerning leases, contracts, equity, forgery, unjust enrichment, good faith, equitable defences, strike out of pleadings, privilege and costs: Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2010] NSWSC 29.
Contractual dispute regarding ownership and operation of an aged care facility and entitlement to company shares including estoppel issues: Smith v Wikramanayake [2007] NSWSC 136.
Represented the Queensland SGIO in the successful High Court appeal in Sharman v Evans which, at the time, was the highest award of damages for personal injuries in Australia (1977).
Represented the State Building Society of New South Wales in numerous Supreme Court debt recovery actions (1984-1990).
In Tana v Baxter [1986] HCA 69, represented a franchisee group in successful proceedings against the franchisor in the High Court. These were proceedings originally commenced in the Industrial Commission of New South Wales based on the claim of an unfair contract of employment and ran successfully through the full Court and the High Court on behalf of franchisees seeking relief from and compensation in respect of an Australian-wide fast food franchise (1986).
Successfully represented a number of entities in the creation of easements and airspace rights to land adjoining Qantas Drive, Joyce Drive and the Robey Street and O'Riordan Street bridges at Sydney Airport for the installation of large-scale advertising signs. This involved complex commercial and property lease agreements and litigation involving the State Rail Authority of NSW and the Federal Airports Corporation (1988-1994).
Successful litigation of a claim by RMYC Port Hacking against its insurer for storm damage to its marina. The insurer had refused indemnity on the basis that the damage flowed from faulty design in the marina system. The action taken included Supreme Court proceedings and the conduct of a hearing before a Court-approved referee. Issues involved state-of-the-art marina design world wide, and experts were called from Australia and abroad. The referee found no former damage and the client's claim was upheld (1991).
Appeared on behalf of successful cross respondents in the Federal Court proceedings McMullin v ICI. This was one of the first class actions brought in Australia and was brought on behalf of cattle producers against ICI following the contamination of meat produced for export by a pesticide sprayed on cotton crops (1996-1997).