Anna Smith

Acted for a top four bank in a successful Supreme Court of Victoria action against a guarantor who sought to resist liability under his guarantee on the basis that the bank had breached the Code of Banking Practice.

Acted for a lender in relation to an action brought by the lender’s former customer in VCAT seeking compensation for alleged breaches of consumer protection legislation.

Acted for an international fine paper merchant in relation to the liquidation of one of its customers, including successfully pursuing a claim for recovery of unpaid money against a number of corporate and personal guarantors. Our client was successful both at first instance and on appeal to the NSW Court of Appeal.

Acted for the donor of a power of attorney in a proceeding against the attorney and his company in a claim for breach of fiduciary obligations.

Advised the administrators, then liquidators, of an Australian retail company on all aspects of the administration and liquidation, including statutory reporting requirements, ongoing trading and employee issues, recovery of approximately AU$3 million in preference payments, and a significant insolvent trading claim against the company’s former director.

Acted for the receivers and managers of a fast-food franchisee, including successfully defending an injunction application brought by a third party seeking to restrain the receivers’ sale of the fast-food business.