Tony Di-Francesco


October 2007 Barrister, New South Wales
October 2000 Solicitor, Supreme Court of New South Wales
1998 Bachelor of Laws, University of New South Wales (first class honours equivalent)
1996 Bachelor of Commerce (Accounting), University of New South Wales

Tony practiced as a solicitor at Home Wilkinson Lowry (now HWL Ebsworth) from June 2005 – June 2007, and previously at Michell Sillar Attoneys from 2000-2005. From 1999 until early 2000, Tony was Tipstaff to The Honourable Mr Justice R. L. Hunter, (Supreme Court of NSW) and previously worked as an Equal Employment Oppourtunity Officer at NSW TAB/TAB Ltd in 1998.

Tony holds a Bachelor of Commerce (Accounting) and an LLB from the University of New South Wales.

Select Rcent Decided Cases:

  • The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWSCA 301, led by G A Sirtes SC, Overview: Building and construction – whether claim under Pt 4 of the Design and Building Practitioners Act 2020 (NSW) is apportionable under Pt 4 of Civil Liability Act 2002 (NSW).
  • In the Matter of Meglo-Yowrie Flat Units Pty Ltd (in liq) [2023] NSWSC 1634 Overview: Company title residential apartments – members’ rights and remedies – oppression – whether decision to decline to register transfer of shares to plaintiff made without just cause within the meaning of s 1071F of the Corporations Act 2001 (Cth), in breach of statutory and fiduciary duties owed by directors to company, or constitutes oppression – appropriate remedy for oppression in all the circumstances – whether grounds for just and equitable winding up.
  • Heavy Vehicle National Regulator v Connect Logistics Pty Ltd and Corey Matthews (Unreported, 10.11.2023, Local Court of NSW, J Arms LCM), led by P McDonald SC, Overview: Heavy vehicle chain of responsibility prosecutions – fatalities – deficient operational processes – sentencing.
  • LDT O’Brien Property Group Pty Ltd v Trustworthy Nominees Pty Ltd [2023] NSWSC 1100 Overview: Mortgages – interim management order – whether manager engaged in conduct which necessitated vacation of the management order – where business conducted through other corporate entity – business continued to be operated for the benefit of the party in possession – conduct not of a kind requiring vacation of the Order.
  • Mensie Services Pty Ltd v Newserv Pty Ltd [2023] NSWSC 65 Overview: Sale of business – breach of contractual warranties as to accuracy of accounts – misleading or deceptive conduct – causation or reliance – whether vendor’s misstatement of subcontractor expense was causative of cross-claimants/defendants’ loss.
  • In the Matter of CGB Labour Hire Pty Ltd (in liq) [2023] NSWSC 17 Overview: Legal professional privilege – joint privilege – common interest privilege – plaintiff liquidator obtains examination orders to examine individuals associated with company placed into creditors’ voluntary liquidation (being one of various companies within a group), and orders for production of documents.
  • NSW Land and Housing Corporation v LC [2023] NSWDC 241 Overview: Criminal fraud – Housing Act 2001 (NSW) – conviction appeal – leases and tenancies – false statements and representations.
  • N & M Investments / Properties Pty Ltd v Australian Property Enterprise Pty Ltd [2022] NSWSC 1370 Overview: Mortgages – claims for certain fees by mortgagee unenforceable as penalties.
  • The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659 Overview: Building and construction – Design and Building Practitioners Act 2020 (NSW) – proper interpretation of definition of “construction work” – proper interpretation of “otherwise having substantive control over the carrying out of any work” – proper interpretation of s 37(1) – whether “person” includes the “owner of the land in relation to which the construction work is carried out”.


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