REPRESENTATIVE EXPERIENCE
Tim Webster
Representing a Sydney-based real estate investment management group in landmark litigation
seeking to recover unpaid rent from tenants owned by The Just Group, which refused to pay rent
in full since the COVID-19 pandemic.
Defending Honda Australia in the Takata Airbag Consumer Class Action brought on behalf of
437,000 vehicle owners or lessees.
Representing a large privately owned residential property development and construction group,
and a number of its directors and officers, defending a range of allegations made in relation to
breach of fiduciary duties and diversion of company funds associated with the operation of the
business.
Defending an international design, engineering and advisory company in the Alucobond Cladding
Class Action.
Defending a number of prominent property developers on class actions filed in the Federal Court
by purchasers of units seeking to recover the GST component of their "off the plan" purchase.
Bringing a negligence claim against PwC in relation to tax advice provided to a Glencore
employee concerning the CGT treatment of Swiss Genussscheine upon termination of his employment
while in Australia.
Representing the Kingdom of Spain in the High Court of Australia attempting to resist the
enforcement of an €101 million ICSID arbitration award arguing that Spain had not waived its
right of foreign state jurisdictional immunity afforded by section 9 of the Foreign States
Immunities 1985 (Cth).
Representing parties in numerous Court approved Schemes of Arrangement, including in the matters
of Biosceptre International Limited, Unity Mining Limited, RESIMAC Limited and Everlight
Radiology Limited.
Defending a property development company against significant claims (AU$170 million) of alleged
breach of fiduciary duty and misleading or deceptive conduct, in connection with the settlement
of prior litigation concerning the acquisition of a large development site.
Representing an electricity distributor in a significant and large dispute with BHP Billiton
(AU$50 million plus) under a long term power purchase agreement following the partial
privatisation of the electricity industry by the New South Wales Government.
Representing a US defence contractor in relation to contract disputes arising from a large
project (AU$340 million plus) to supply a new defence communications system to the Australian
Department of Defence.
Representing a construction engineering company in litigation (AU$7 million plus) arising in
relation to the construction of the Epping to Chatswood rail line in Sydney.
Representing a global mining machinery manufacturer in relation to product liability claims
brought by Rio Tinto concerning the alleged failure of hydraulic underground mine roof supports.
Representing a state owned electricity generator over a period of 15 years on many contract and
other disputes under coal supply contracts, design and construct contracts, power purchase
agreements and gas supply agreements.
Representing a US based manufacturer of locomotives in a dispute (USD24 million) with the
Australian purchaser in relation to alleged defects and warranty issues.
Defending a claim by Hastings Funds Management against the shareholder vendors of a waste
methane gas powered electricity generation business against a significant claim (AU$40 million)
for alleged breach of warranties contained in a share sale agreement, misleading or deceptive
conduct and insider trading claims.
Representing an Isle of Man hedge fund in litigation seeking urgent declarations and injunctions
in relation to the adjournment of a general meeting of unit holders specifically requisitioned
to replace the responsible entity of a listed trust, or alternatively, to wind up the trust.
Representing a construction engineering company in all litigation (AU$60 million plus) arising
from a collapse during construction of the Lane Cove Tunnel in Sydney.
Litigating a significant claim by a major building products company against CSR (AU$40 million
plus) in relation to the liability to remediate environmental contamination present across five
sites in three different States.
Representing a large construction contractor in relation to the fraudulent misappropriation of
funds by its accounts payable manager, including obtaining extensive freezing orders over the
employee's bank accounts and assets.
Representing a property developer defending a claim under section 37A of the Conveyancing Act
1919 (NSW) to set aside the transfer of property on the basis that the transaction was
undertaken with intent to defraud creditors. The case was eventually determined on appeal to the
High Court of Australia.
Representing a large construction company in a major dispute with a contractor concerning the
construction of the Mt Piper to Marulan 500kV electricity transmission line.
Acting for an international building products company in its defence of a substantial (NZD1.5
billion) claim brought by the New Zealand Ministry of Education in the High Court of New
Zealand.
Assisting an international building products company in its defence of a NZD220 million and NZD
(undisclosed) million class actions in New Zealand brought in respect of cladding used in the
construction of hundreds of residential buildings in New Zealand.
