Greg Laughton SC

Areas of expertise

• Select cases as counsel

  Select cases as counsel

  • Laser Clinics Australia Franchising Pty Ltd v KKR – Acting for 57 franchisees in a dispute concerning the entitlement of an international franchisor for the renewal of franchise agreements (2022).
  • Acting for a Chinese owned investment company, concerning the sale of its shares in a major international fund manager (ongoing).
  • Acted for the association of firearms retailers, as to termination by its international carrier of firearms into Australia and the terms upon which firearms are carried (2022).
  • BBC Developments and Roni Oeuik ats the Owners of SP 90047 – Acted for a major property developer and its managing director in a dispute of approximately 75 owners of units in a residential development alleging latent defects in the construction of a department complex in western Sydney (2021).
  • Bondi Road Development Pty Ltd v Selected Properties Pty Ltd [2020] NSWSC 845 – Acted for a major property developer concerning the construction of a joint venture agreement between it and the co-venturer before the Supreme Court of NSW (2020).
  • Gram Engineering Pty Ltd v Bluescope Steel Ltd [2018] FCA 539 – Appeared in the Federal Court of Australia in a claim for damages by an engineering firm for breach of an engineering design by a major steel company.
  • Appeared for the parents of a newborn baby against a hospital where the child was administered nitrous oxide instead of oxygen. This was a highly publicised case (2017).
  • Joseph v Commissioner of Police [2017] NSWCA 31 (6 March 2017) New South Wales Court of Appeal – Administrative Law on the entitlement of the Appellant to a Firearms Dealer License.
  • Bestcare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) [2013] NSWSC 1673; New South Wales Supreme Court (Equity Division) – Appeared for the directors of Bestcare Foods Limited in proceedings against the Administration of the company.
  • Hampton & Farley [2013] FamCA 213 (5 April 2013) Family Court of Australia – Concerning the circumstances in which a constructive trust will arise based on a representation of future intention.
  • Carbone v Calabria Community Club Pty Ltd [2013] NSWSC 998 (26 July 2013) – New South Supreme Court (Equity Division) – Dealt with the obligations of the Directors of a community-based corporation to its members and the circumstances in which a Company can be wound up on just and equitable grounds.
  • State of New South Wales v Tyszyk [2008] NSWCA 107 – New South Wales Court of Appeal – Dealt with the liability of police in emergency situations and the liability of the owner of commercial premises to an innocent passer-by.
  • Chandos Development Pty Limited v Mulkearns & Anor [2008] NSWCA 62 – New South Wales Court of Appeal – Dealt with the circumstances in which a vendor of commercial property could terminate a contract for sale of land for breach by a purchaser, notwithstanding its own breach.
  • Erect Safe Scaffolding (Australia) Pty Limited v Sutton [2008] NSWCA 114 – New South Wales Court of Appeal – The construction of an indemnity clause in a subcontract between a builder and a scaffolder was considered, in the context of an insurance policy, covering public liability of the builder.
  • Coshott v Principal Strategic Options Pty Limited [2004] FCAFC 50 – Full Court of the Australian Federal Court – Dealt with the principles of damages and causation in relation to a wrongly obtained injunction.
  • Nominal Defendant v Gardikiotis [1996] HCA 53; (1996) 186 CLR 49 – High Court of Australia – Clarified in favour of the insurer, the liability to pay damages for fund management for catastrophically injured plaintiffs.
  • Andjelic v Marsland [1996] HCA 55 – High Court of Australia – Clarified in favour of the insurer the obligation to pay damages for funds management to injured plaintiffs.
  • Columbia Coffee & Tea Pty Ltd  & Ors v Churchill & Ors (1993) 9 ACSR 415 – New South Wales Supreme Court – Major case involving the negligence of the auditor of an international coffee trading company. The case clarified the Australia position on the scope of the duty of care of auditors.
• Arbitration

  Arbitration

  HKIAC

  • Arbitration between two shareholders of an international trading company involving multiple disputes concerning shareholder and director’s conduct and entitlements.

  ICC

  • Arbitration between a maintenance provider and an aircraft owner concerning a dispute about the entitlement of the maintenance provider to hold his aircraft pursuant to a contractual lien.

  ACICA

  • Arbitration in Hong Kong between a software provider and an international company about the fitness for purpose of the software.

  Australian Dispute Centre

  • ADC dispute between vendor and purchaser of shares as to price adjustment and construction of the share sale agreement.

  Ad hoc 

  • Arbitration in Hong Kong between a software supplier and a bank concerning the fitness for purpose of administration software supplied to the bank.
  • Arbitration in Hong Kong involving a dispute between the purchaser of software for fast-moving consumer goods retailer and its software supplier.
  • Arbitration between two shipping companies about the entitlement of a shipping company for compensation about non-use of cargo space pursuant to a slot agreement.
  •  Arbitration in Sydney about the entitlement of the police to use documents seized on a warrant.

  Select Matters in International Commercial Arbitrations – as Counsel 

  • Greg has been involved in various international commercial and maritime arbitrations in the following jurisdictions. Select matters in which Greg has appeared are as follows.

  Hong Kong

  • Two container shipping companies over the terms of, and the amount due, under a Slot Agreement.
  • A computer hardware and software supplier and a Hong Kong financial services company over the quality of the computer equipment and software supplied.
  • The CEO of a container shipping company and the company, about whether the CEO was wrongfully dismissed and the amount of compensation owed by the company under the CEO’s employment agreement.
  • The head contactor and a sub-contractor about the value and quality of work performed in a major construction dispute.

  Dubai

  • A CEO in a wrongful dismissal claim by his employer.

  Germany

  • An IT provider and a head contractor about the supply of IT services in 120 countries; wrongful termination of a services agreement and unpaid invoices for services rendered.
  • An international commercial arbitration administered by the German Arbitration Centre in a dispute between an IT supplier and the commercial arm of Deutsche Telecom.

  London

  • Recovery of significant sum due under a guarantee of a Hong Kong registered Company.
  • For the Plaintiff in a dispute concerning breaches of a Shareholders Agreement between two Hong Kong residents.
  • An IT provider and head contractor for the supply of IT Services.
  • A telecommunications company for the sale of its infrastructure. 

  Australia

  • Two telecommunications companies about the terms of a Supply Agreement and other amounts due under it.
  • Two telecommunications companies about the ownership of the intellectual property in Apple I telephone application and the amounts due under an agreement to export it.
• Non-arbitrated international and domestic disputes

  Non-arbitrated international and domestic disputes

  Greg has appeared and advised in a broad range of matters relating to international and domestic commercial law, international estates, cross-border transportation law, and construction and infrastructure disputes.

  Greg also has extensive experience advising and appearing in disputes concerning jurisdiction and cross-border legal issues relating to insolvency, sale of goods, commodities, information technology and insurance law. A selection of recent cases is as follows.

  • Advised and appeared in a variety of domestic and cross-border disputes concerning charter parties, cargo and general shipping matters.
  • Acting for an international corporation providing services to an airline industry and the agent of the owner of the owner of real estate leased by it.
  • Acting for a French corporation of a franchise hairdressing salon against a claim of fraud by one of its directors in the borrowing of funds involved tracking funds into a development into the Maldives.
  • Acting for a major producer and retailer of hens’ eggs being sold into the Australian Egg Market concerning alleged breaches of its bi-security obligations which resulted in tainted eggs entering the Australian market.
  • Advised a manufacturer in Queensland about the term of a Distribution Agreement, including drafting a dispute resolution clause in an agreement with its US distributor.
  • Appeared as Counsel in a mediation between a Hong Kong investor and its agent, concerning the acquisition of a property in the Eastern Suburbs of Sydney.
  • Advised on and appeared in matters involving cross-border estate disputes, including property, equities and tracing cash and other assets.
  • Acted for head contractors; specialist sub-contractors and government and local government departments in both national and cross-border disputes involving infrastructure – roads; rail; bridges and ports; commercial high rise and high and low rise residential. These matters involved issues concerning engineering; design; defective workmanship; breach of contract and statutory warranty; delay and liquidated damages; and security of payment.
  • Acted in matters regarding the professional negligence of engineers (civil, electrical and mechanical); architects, quantity surveyors; building surveyors and payment managers.
  • Acted for insurers and re-insurers of risks associated with the construction and infrastructure projects and quantum claims for building and construction; design; landlord, underground services locator and business interruption.