Adam Young
Adam is a Partner in the Sydney Litigation Group specialising in all areas of banking litigation and insolvency. He acts for most of Australia’s largest Banks as well as other financial institutions and insolvency practitioners.
Adam regularly acts for the Banks in enforcing their securities as well as advising and acting in non lending loss matters. He adopts a commercial approach to disputes and encourages the appropriate use of alternate dispute resolution methods.
He also advises and acts for insolvency practitioners, whether it be in their capacity as voluntary administrators, receivers, liquidators or trustees in bankruptcy. He advises on all aspects of an insolvency administration, including creditor’s claims, preference claims, DOCAs and in a receivership.
Experience
Adam’s experience includes advising:
- A major bank on successfully defending a negligence and breach of contract claim brought by a disgruntled margin loan customer. The defence relied on a break in the chain of causation together with a failure to mitigate by the customer. The matter was successfully defended in the Supreme Court of NSW, the Court of Appeal and in a special leave application to the High Court of Australia;
- A major bank in defending a multi-million dollar breach of mandate claim involving a joint venture property development in the Supreme Court of NSW. Adam successfully recovered for the Bank from the Court appointed receivers $75 million which had been loaned to the joint venture developer prior to the breach of mandate claim being progressed;
- NSW banks in numerous Farm Debt Mediations across NSW;
- A major bank by managing the HWL Ebsworth team on the enforcement of the bank’s portfolio of consumer regulated home loans on a national basis;
- Receivers and banks in the enforcement and sale of securities in the property development, medical imaging and mining support services industries;
- A liquidator in an application to appoint the liquidator as a Court appointed receiver over assets where the liquidator was appointed to a bare trustee company;
- A trustee in bankruptcy on successfully obtaining orders under s120 and s121 of the Bankruptcy Act 1966 (Cth) for transfers to defeat creditors and undervalued transactions. The matter ultimately resolved after judgment was delivered; and
- The deed proponent in preparing and negotiating the execution of a Deed of Company Arrangement for a building construction company.