Robert has had extensive experience acting and advising in commercial disputes and has specialised in retail and commercial lease disputes and other property related litigation, assisting a broad range of clients in the property industry, including owners of shopping centres and other retail properties, owners of commercial properties, large retail and commercial tenants and property developers and investors.
Robert regularly chairs external seminars on commercial and retail leases and other property related seminars.
Robert has been listed in Best LawyersTM Australia for Alternative Dispute Resolution in the 2020, 2021, 2022 and 2023 editions.
Expertise
Experience
- Commercial property developer Acting for large commercial property developer in complex NSW Supreme Court proceedings concerning the development of a large parcel of land in the Sydney Metropolitan Area for commercial and retail use and involving multiple parties and various issues, including the proper interpretation of contractual terms, statutory interpretation, whether conduct of various parties gave rise to an estoppel so as to prevent one party to transactions asserting relevant agreements at an end and whether relief against forfeiture of leasehold interests available to an under-lessee.
- Property developer Acted for property developer and investor, as landlord, in NSW Supreme Court proceedings against large corporate tenant for trespass and damages for use by tenant of area of building not included as part of leased area.
- Corporate purchaser Advised corporate purchaser on whether binding and enforceable contract for sale of CBD residential property and acted for purchaser in NSW Supreme Court proceedings for order that contract be specifically performed by vendor.
- Council Acted for a Council in complex proceedings in NSW Civil & Administrative Tribunal in which the issues for determination included whether the dispute between Council and the other party was a retail lease dispute to which the Retail Leases Act 1994 (NSW) applied (which involved, amongst other things, a determination of whether the land occupied by the other party to the proceedings was a public road), and if it did, whether the Council, as landlord, engaged in conduct which interfered with the tenant’s use and occupation of the premises, constituted misleading or deceptive conduct and/or was misleading.
- NSW Government Department Advising and acting for a NSW Government Department in related NSW Local Court proceedings for recovery of rent and other monies payable by holders of licences and permissive occupancies of Crown land.
- Owner of rural land Advising owners of rural land in connection with claim for easement over their land by owners of adjoining land.
- Co-owner of property Advisng and acting for one of several co-owners of a residential property, partly used for commercial purposes, in connection with a dispute with one of the other co-owners concerning the rights and obligations of the co-owners relating to the property, in circumstances where there was no deed of co-ownership between the co-owners.
- Retail property owner Acting for owner of retail property in successfully defending NSW Supreme Court proceedings commenced against owner by a company which had a restaurant business in which that company’s claim against the owner that there was an agreement for lease between the parties for the company to conduct its restaurant business at the property was dismissed by the Court after finding no binding agreement for lease had been concluded by the parties.
