Artboard 1Icon/UI/CalendarIcons/Ionic/Social/social-pinterestIcon/UI/Video-outline

Rob Lawson

Expertise

Rob is a commercial disputes lawyer with over 17 years’ experience, with a strong commercial and client focus, and well developed legal skills. With a background as a commercial property lawyer, he has a particular specialisation in property related disputes.

Rob has significant experience in commercial disputes and litigation, particularly in regards to leasing disputes and litigation (for both landlords and tenants), as well as general property based disputes and litigation. This has included acting in large scale Supreme Court litigation relating to lease make good disputes, the obtaining and defending of injunctive relief to prevent the drawing down by a landlord on a bank guarantee, building defects, nuisance cases, termination of lease and re-possession of premises for landlords, sale and acquisition of land, disputes over rent reviews in leases, s88K easement applications, exercise of options in leases, litigation for recovery of rental arrears and loss of bargain damages, and the appointment of trustees to sell property held as joint tenants.

Amongst a wide range of non-litigious property disputes Rob has acted in, he has a large amount of experience acting in non-litigious disputes in relation to the sale and acquisition of land (including in relation to options, sunset clauses in contracts for sale off the plan, misleading and deceptive conduct, estoppel, disclosures in contracts for sale, and material changes in lots in off the plan sales), all aspects of leasing, compulsory acquisition of land, the removal of support for land and s177 of the Conveyancing Act 1919 (NSW), possessory title, caveats and easements. He also has experience with insolvency litigation, and has acted for the successful plaintiffs in a landmark Australian case on priorities under the Personal Property Securities Act 2009 (Cth) (PPSA).

Rob has appeared and instructed Counsel in a range of courts and tribunals including the District and Local Courts of New South Wales, the New South Wales Civil and Administrative Tribunal, the Victorian Civil and Administrative Tribunal, the Federal Court of Australia, and the Supreme Courts of New South Wales and Queensland.

Experience

Commercial lease litigation

  • acting for a family owned private company landlord in a lease make good dispute in the NSW Supreme Court (Real Property List)
  • acting for a large petroleum company in a NSW District Court case relating to the correct market valuation of rent on exercise of option
  • acting for the former tenant of a commercial property on George Street, Sydney successfully defending a lease make good claim brought by their former landlord
  • acting for the lessee of a service station in relation to a dispute in the NSW Supreme Court (Real Property List) in relation to petrol that had escaped from a ruptured underground petroleum storage tank and migrated into an adjacent Sydney Water reservoir
  • acting for a large multi-national automotive company defending a lease make good claim from an institutional landlord in the Queensland Supreme Court, including arguing defences based on limitation of damages under s112(1) of the Property Law Act 1974 (Qld) where there is no diminution in the value of the premises as a result of the failure to make good
  • acting for a large multi-national private education provider as plaintiff in obtaining an injunction preventing the landlord from drawing down on a bank guarantee provided under the lease, and ultimately defending a claim for failure to make good the leased premises.

Retail lease litigation

  • acting for retail landlords retaking possession of leased premises, and suing former tenants for arrears of rent, and loss of bargain damages.

General commercial litigation

  • acting for an architect defending a quantum meruit and quantum valebat claim brought in the NSW Supreme Court (Commercial List)
  • running a litigation acting for a large petroleum company in bringing a claim in the NSW Supreme Court (Commercial List) against a company that provided software as a service.

Commercial property litigation

  • acting for a property developer and related entity builder in defending a building defects claim brought against them in the NSW Supreme Court (Construction List) in relation to a large strata development at Liverpool in Sydney
  • acting for a property developer in successfully arguing that a landowner could not enforce a put option against our client due to defects in the put and call option that had been drafted by the landowner’s solicitors for a block of land the client ultimately did not want to acquire
  • acting for a large multinational oil and gas company in a dispute regarding issues arising from compulsory acquisition of land under the Land Acquisition (Just Terms) Compensation Act 1991 (NSW).

Corporate insolvency

  • acting for the Administrators of a publicly listed recycling and waste disposal company, including recapitalization and sale of the publicly listed shell of the company
  • acting for the successful plaintiffs in In the Matter of Maiden Civil (P & E) Pty Ltd [2013] NSWSC 852 (Maiden Civil Case). The case is the leading authority in Australia on determining priority between competing security interests under the provisions of the PPSA.

Upcoming Seminars