Daniel Zabow

Daniel’s recent experience includes advising:

• The responsible entity of a managed investment scheme with assets of circa $225 million, on its arrangements with its senior and mezzanine lender and its obligations to investors following a decision to commence the sell down of its assets in order to de-leverage the portfolio;
• The Commonwealth Bank of Australia (CBA) in relation to a $92 million facility for the construction of over 200 residential apartments, commercial premises and a cinema in the ACT. Provided advice concerning security enforcement issues in the context of the appointment of voluntary administrators to the builder and resultant construction completion issues, retention claims and the assignment of contractual rights. Further advised as to the restructure of the facility including as to variations of the facility, builders’ tripartite deeds and subordination deeds;
• Westpac and the receivers and managers appointed to a company owning the freehold of a hotel in Western Sydney and to a related company conducting the hotel business following the discovery by the bank that orders had been made by the court setting aside the transfer of a collateral security property to the sole shareholder and director of both companies. Advising the Bank on all aspects of the ongoing trade and sale by the receivers of the hotel and connected Supreme Court of NSW litigation;
• The Commonwealth Bank of Australia and its appointed receivers in relation to a multimillion dollar facility for the development of purpose built commercial premises for lease by an international retailer. Provided advice concerning construction issues and in respect of a claim against the bank’s appointed quantity surveyor; and
• The lender, receivers and managers of a listed electricity company in Queensland in relation to novel issues arising out of the Electricity Industry Code and Electricity Act 1994 (QLD). Appeared in litigation in connection with the recovery of charged assets and successfully obtained declarations in favour of the lender and the receivers in the Supreme Court of NSW.