Since 1996, Troy Peisley has been acted for parties in commercial disputes. Troy’s experience in commercial litigation includes:
- Supreme Court of NSW: Acted for expert determiner in successfully appealing a decision from lower court where judgment set aside on basis of denial of procedural fairness, and error of law regarding unjust enrichment and restitution.
- Supreme Court of NSW: Acted for plaintiff shareholders’ in relation to derivative action against 3rd parties for breach of contract and fiduciary duties, common law and statutory duties under the Corporations Law. Also action against company for oppression against shareholders.
- Supreme Court of NSW: Acted for builder in defending action by liquidator seeking access to business records and successfully set aside statutory demand on basis of existence of a genuine dispute as to existence of debt.
- District Court of NSW: Acting for plaintiff in property development where induced to invest based on an oral guarantee. Obtained orders for Preliminary Discovery from potential defendant and 3rd parties.
- District Court of NSW: Acted for a builder in defending an action by a property developer involving alleged defects in building works.
- District Court of NSW: Acted for plaintiff pilot in a claim against international flying training organisation involving alleged breach of contract and misrepresentation under Trade Practices Act.
- District Court of NSW: Acted for a network and software support company in defending an action brought by a magazine publisher involving alleged breach of warranty to supply services with reasonable care and skill.
- District Court of NSW: Acted for plaintiff in relation to negligence action against property owners where personal injury sustained when leased premises burnt down.
- Local Court of NSW: Acting for importer/exporter of saddlery goods in action in negligence against accountant involving alleged failure to wind up superannuation fund.
- Local Court of NSW: Acted for car hire company against insurers in relation to demurrage claims where damages were awarded for material and consequential loss.
- Federal Magistrates Court: Acted for debtor in staying judgment and setting aside Bankruptcy Notices.
- Residential Tenancies Tribunal of ACT: Acted for claimant in relation to lease where lessor found to have breached lease by withholding bond and levying unauthorised charges.
- Federal Court of Australia: Acted for client in relation to conciliation of differences under terms of franchise agreement and code of conduct.
- Supreme Court of NSW: Acted for client in relation to voidable transaction for monies received by creditor during relation back period.
- Supreme Court of NSW: Acted for potential plaintiff in relation to alleged breach of supply agreement to export fertilizers to Hungary.
- District Court of NSW: Acted for defendant builder in relation to Security of Payment claim by supplier of G&Ss where supplier breached terms of contract.
- Supreme Court of NSW: Acted for client in relation to pre-acquisition investigation and due diligence of potential JV Party.
- Provided other legal services:
- Drafting – terms of trade agreements and guarantees, employment agreements, sale of share and business agreements, commercial and retail leases, loan agreements (fixed and floating charges), joint venture agreements, service agreement, confidentiality agreement and franchise agreement
- Insolvency – winding up applications, disputes involving voidable transactions, deeds of administration and bankruptcy
- Other – building and construction, banking, insurance, corporations, tax fraud, franchising, trade practices, employment, succession
