PROFILE

Full Name: Nicholas A Frenkel
Email: nfrenkel@vicbar.com.au
Phone:+61 3 9225 6581
Secretary:+61 3 9225 6469
Mobile:0411 265 079
Chambers: Owen Dixon Chambers West
Room: 2418
Date of Admission: 23 Apr 1992
Called to the Bar: 25 May 1995
Qualifications: B.A, LL.B (Hons.) (Melb)

Profile

Nicholas Frenkel has an extensive commercial practice, with particular expertise in insolvency, building and construction and property.

Nicholas has significant trial and appellate experience. He regularly appears in superior state and federal courts, tribunals (including VCAT) and in commercial arbitrations.

Nicholas is a former solicitor and associate to a Judge of the Supreme Court of Victoria.

Nicholas is entitled to practise in all jurisdictions in Australia.

Appearances include:

In the Matter of Hastie Group Ltd (In Liq) (Federal Court of Australia, 28 May, 4 June, 14, 22, 23, 29, 30 July, 4, 5, 20, 27 August, 16 September, 27 October 2015) (examinations under Part 5.9 of the Corporations Act).

Polytrade Pty Ltd v Glass Recovery Services Pty Ltd [2015] VSC 164 (application to set aside statutory demand).

Jin Dun Pty Ltd v Di & Li Australia Pty Ltd [2014] VSC 562 (application for leave to appeal from orders made by VCAT).

In the Matter of Raphco Pty Ltd (In Liq) (Supreme Court of Victoria, 24 September, 17, 29 and 30 October 2014) (examinations under Part 5.9 of the Corporations Act).

Perpetual Nominees Ltd v McGoldrick & Anor [2014] VSC 152 (application for summary judgment).

Entwisle & Ors v Minken Pty Ltd & Ors (No. 2) [2014] VSC 14 (application for indemnity costs).

Otter Group Pty Ltd v Wylaars & Anor [2013] VSC 98 (application by lessee for an interlocutory injunction in relation to a bank guarantee).

South Yarra Colonnade Pty Ltd v Designbuilt Industries Pty Ltd & Ors [2013] VCAT 266 (trial: Retail Tenancies List).

Troutfarms Australia Pty Ltd v Perpetual Nominees Ltd [2013] VSCA 176 (application for leave to appeal).

Entwisle & Ors v Minken Pty Ltd & Ors [2013] VSC 709 (trial: winding up on just and equitable ground).

Colmax Glass Pty Ltd v Polytrade Pty Ltd [2013] VSC 311 (application for security for costs).

Troutfarms Australia Pty Ltd v Perpetual Nominees Ltd [2013] VSC 228 (application to set aside statutory demand).

Ericsson Australia Pty Ltd v Service Stream Ltd (ICC Arbitration, 2010 - 2012) (building and construction dispute relating to the telecommunications industry).

Westland Property Group Pty Ltd & Ors v El Haouli (Supreme Court of Victoria (Croft J), 29 August 2012) (application to be released from undertaking).

Colmax Glass Pty Ltd v Polytrade Pty Ltd (Supreme Court of Victoria (Ferguson J), 23 July 2012) (application for an interlocutory injunction).

Westland Property Group Pty Ltd & Ors v El Haouli (Supreme Court of Victoria (Lansdowne AJ), 8 and 9 August 2012) (application for summary judgment).

In the Matter of Moteca Holdings Pty Ltd (In Liq) (Supreme Court of Victoria (Efthim AJ), 3 July 2012) (application for costs against examinee / non-party).

Westland Property Group Pty Ltd & Ors v El Haouli (Supreme Court of Victoria (Hargrave J), 16 May 2012) (application for a freezing order).

In the Matter of Moteca Holdings Pty Ltd (In Liq) (Supreme Court of Victoria (Efthim AJ), 16 April, 21 - 22 and 30 May 2012) (examinations under Part 5.9 of the Corporations Act).

Andale Repetition Engineering Pty Ltd v Hoshizaki Lancer Pty Ltd [2011] VSC 496 (application for interlocutory injunction alleging contravention of s. 18 of the Australian Consumer Law (comparative advertising)).

Greatland Investment Company Pty Ltd v Lewenberg & Lewenberg (A Firm) (Supreme Court of Victoria (Kyrou J), 29 July 2011) (trial of proceeding for an order requiring delivery up of files held by former solicitors).

Johnson & Ors v AED Oil Ltd & Ors [2011] VSC 94 (trial of proceeding for declarations in connection with terms of a settlement deed).

Popal & Anor v Accounts Control Management Services Pty Ltd & Anor [2010] VSC 412 (application for leave to appeal from an order of the Magistrates' Court out of time).

Procon Developments (Australia) Pty Ltd v Paras Bros Pty Ltd & Anor (Supreme Court of Victoria (Hargrave J), 16 September 2010) (application by builder for interlocutory injunction to restrain principal from calling upon bank guarantee).

Jasmine Management Services Pty Ltd v State & Ors (Federal Court of Australia (Dodds-Streeton J), 1 and 2 March 2010) (trial of proceeding for damages pursuant to s. 52/75B of the Trades Practices Act).

Sargood (Vic) Pty Ltd v Switzerland Investments Pty Ltd & Anor [2009] VSC 577 (trial of proceeding in which purchaser of land sought relief against forfeiture/specific performance).

Aussie Vic Plant Hire Pty Ltd (In Liq) v Esanda Finance Corporation Ltd (Supreme Court of Victoria (Court of Appeal: Warren CJ and Hargrave AJA), 14 October 2008) (application to Court of Appeal for appeal against winding up order to be struck out/security for costs).

1-5 Grantham Street Pty Ltd & Anor v Glenrich Builders Pty Ltd [2008] VSCA 228 (application to Court of Appeal for stay of execution and security for costs pending appeal - building and construction matter).

Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Ltd (2008) 232 CLR 314 (appeal to High Court on whether the period for compliance with a statutory demand could be extended after the period had expired (s. 459F of the Corporations Act).

Smith Lewis & Staff Pty Ltd v Stavreff & Anor (Supreme Court of Victoria (Smith J), 29 February 2008) (application for interlocutory injunction to enforce restraint of trade clause in an employment agreement).

Kay Group Holdings Pty Ltd & Ors v K & K Plastics Pty Ltd & Ors [2008] VSC 179 (application for leave to enforce an award pursuant to s. 33 of the Commercial Arbitration Act).

Omnigon Pty Ltd v Ainscorp Pty Ltd (Federal Court of Australia (Gordon J), 21 December 2007) (application for interlocutory injunction to enforce restraint of trade clause in a shareholders agreement).

Lewis v Australian Olives Ltd (Federal Court of Australia (Gordon J), 7 November 2007) (application to inspect the register of members of a corporation (s. 173 Corporations Act).

Gatecall Pty Ltd v Beluga Developments Pty Ltd & Ors (Federal Court of Australia (North J), 31 August 2007) (application for a freezing order).

Arrow International Australia Ltd v Indevelco Pty Ltd [2007] VCAT 2239 (trial of proceeding in which a builder sought recovery from a financier pursuant to a Tripartite Deed and the financier sought to enforce a Guarantee and Indemnity).

Consolidated Property Services (Australia) Pty Ltd v Liquor Hospitality and Miscellaneous Union (Supreme Court of Victoria, 5 July 2007) (application to stay proceeding/strike out Statement of Claim).

Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Ltd (2007) 212 FLR 56 (appeal to Court of Appeal on whether the period for compliance with a statutory demand could be extended after the period had expired (s. 459F of the Corporations Act).

Construction Engineering (Aust) Pty Ltd v Victorian Managed Insurance Authority [2007] VCAT 69 (preliminary application/review of decision of VMIA pursuant to s. 44 of House Contracts Guarantee Act).

Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Ltd [2006] VSC 306 (appeal from Master refusing application to set aside statutory demand).

Melbourne Cruisers Pty Ltd v Fed Square Pty Ltd (Supreme Court of Victoria, 28 April 2006) (application for interlocutory injunction to enforce an agreement for lease).

Consolidated Property Services (Australia) Pty Ltd v Liquor Hospitality and Miscellaneous Union [2006] VSC 511 (application for interlocutory injunction alleging contravention of s. 52 of Trade Practices Act and malicious falsehood).

Sensis Pty Ltd v Premier Event Hire Pty Ltd [2006] FCA 1673 (application for an order terminating a winding up (s. 482 of the Corporations Act).

Thirteenth Corp Pty Ltd v State [2006] FCA 979 (application for an order staying/dismissing proceeding as an abuse of process/seeking security for costs).

Simpson & Anor v Brandt (Commercial Arbitration, 21 - 22 August 2006) (partnership dispute).

Ericsson Australia Pty Ltd v Hydro Electric Corporation & State of Tasmania (Supreme Court of Victoria (Redlich J), 7 June 2006) (application for consolidation of proceedings).

Ibrahim v Ibrahim (Supreme Court of Victoria (Warren CJ), 25 November 2005) (interlocutory applications - partnership/property dispute).

Zervos v Perpetual Nominees Ltd [2005] VSC 380 (application for leave to appeal an order made by VCAT (s. 148 Victorian Civil and Administrative Tribunal Act).

Headstart International Pty Ltd v FM & JH Nominees Pty Ltd (Supreme Court of Victoria, Mandie J, 2 September 2005) (application to set aside statutory demand).

Rosenthal Munckton Shields Pty Ltd v McGregor [2005] VCAT 1702 (application for summary dismissal of proceeding - domestic building list).

Equuscorp Pty Ltd v Mehmet (Supreme Court of Victoria (Court of Appeal), 4 April 2005) (appeal to Court of Appeal as to priorities in a property law matter).

Arrow International Australia Ltd v Indevelco Pty Ltd & Perpetual Nominees Ltd [2005] VCAT 306; [2005] VCAT 2710 (application to dismiss/strike out proceeding - domestic building list).

Yourieff v Marcus (Supreme Court of Victoria (Harper J), 16 December 2005) (application to remove a caveat (s. 90 Transfer of Land Act).

Talukdar v Fuschia Views Pty Ltd (VCAT, 13 December 2005) (application for freezing orders/mandatory injunction).

Tanzman Pty Ltd v Perfect Fencing Pty Ltd (Supreme Court of Victoria (Mandie J), 18 November 2005) (oppression claim (s. 232 - 233 Corporations Act).

Kingston Village Investments Pty Ltd v Polin [2004] VSC 98; (No. 2) [2004] VSC 305 (trial of proceeding - joint venture dispute and assessment of damages).

I00F Holdings Ltd v Trust Company of Australia Ltd & Ors (Supreme Court of Victoria (Hansen J), 9 December 2004) (application for interlocutory injunction - property law dispute).

Portikal Twelve Pty Ltd v Goulburn-Murray Rural Water Authority (Supreme Court of Victoria (Byrne J), 26 July 2004) (appeal from orders made by Master/strike out application).


Download Nicholas Frenkel's profile on Foley's List website.



 

Areas of Practice

Commercial

  • Appellate
  • Banking
  • Building and Construction
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations Law
  • Insurance
  • Partnership Disputes
  • Professional Liability
  • Real Property
  • Restraint of Trade

Alternative Dispute Resolution

  • Mediators

Areas of Mediation

Alternative Dispute Resolution

  • Mediators
From 1 Jul 2008, liability limited by a scheme approved under Professional Standards Legislation.


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