Nicholas Frenkel

Nicholas Frenkel is an experienced commercial barrister, with particular expertise in contractual disputes, property and insolvency.  His focus is on achieving the best possible commercial outcomes for his clients.

Nicholas has significant interlocutory, trial and appellate experience.  He regularly appears in superior state and federal courts, tribunals and in commercial arbitrations.  Nicholas often provides advice on commercial matters.

Prior to joining the Victorian Bar, Nicholas was a solicitor at Sly & Weigall (later, part of Norton Rose Fulbright).  He was subsequently the associate to a judge of the Supreme Court of Victoria.

Nicholas is entitled to practise in all jurisdictions in Australia.

Appearances include:

2023

Hassan v Image Nominees Pty Ltd & Ors [2023] FCA 1645 (application by provisional liquidators for winding up order on just and equitable ground)

Stuart v Mordialloc Sporting Club Inc & Ors [2023] VSC 110 (application by plaintiff for judgment based on admissions)

Stuart v Mordialloc Sporting Club Inc & Ors (No 2) [2023] VSC 181 (application to set aside or strike out counterclaim)

Re Richstone Plumbing Pty Ltd [2023] VSC 112 (application by administrators for approval for sale of assets)

Christopher & Anor v Lemanda & Anor [2023] VCAT 1101 (application for rent review under Retail Leases Act)

2022

John Barr Investments Pty Ltd v Mordialloc Sporting Club Inc & Anor [2022] VSC 100 (application for leave to appeal under s 148 VCAT Act)

Hartman v Commissioner of State Revenue [2022] VCAT 28 (application for review of decision by Commissioner to disallow objection to assessment of duty)

Airmaster Corporation Pty Ltd v Mohtadi [2022] VSC 822 (application for interlocutory injunction to enforce restraint)

2021

Hazelwood v Mercurio & Ors [2021] VSC 362 (application to remove a caveat)

Stuart v Said [2021] VSCA 226 (application for leave to appeal against security for costs order)

National Paper Industries Pty Ltd & Anor v Sapountzis (Supreme Court of Victoria, 14 May 2021) (application for stay of civil proceeding until conclusion of criminal proceeding)

Stuart v Mordialloc Sporting Club Inc; John Barr Investments P/L v Mordialloc Sporting Club Inc [2021] VSC 244 (pleadings application and application for joinder)

2020

Brown v Commissioner of Taxation [2020] FCA 817 (administrative review under ADJR Act of decision in relation to director penalty notice)

In the Matter of C & D Recycling Pty Ltd (In Liq) (Supreme Court of Victoria, 13, 14 July 2020) (examinations under Part 5.9 of the Corporations Act)

Stuart v Mordialloc Sporting Club Inc [2020] VSC 658 (application for security for costs)

Stuart v Mordialloc Sporting Club Inc (No 2) [2020] VSC 744 (application for special costs order)

2019

Stuart v Mordialloc Sporting Club Inc [2019] VSC 847 (application for security for costs)

Oriental Merchant Pty Ltd v Nongshim Co Ltd & Anor (Supreme Court of Victoria, 8 November 2019) (application to set aside subpoenas)

John Barr Investments Pty Ltd v Mordialloc Sporting Club Inc (Supreme Court of Victoria, 30 April 2019) (application to set aside subpoenas)

2018

Arnott & Anor v Olszak & Ors (Supreme Court of Victoria, 13, 17 December 2018) (application for interlocutory injunction)

Livingston v Steel (Supreme Court of Victoria, 4 October 2018) (application to remove caveat)

Trojan Security (AU/NZ) Pty Ltd v Deputy Commissioner of Taxation (Federal Court of Australia, 23 November 2018) (application to set aside statutory demand)

Deputy Commissioner of

Taxation v Match Play Management Pty Ltd (In Liq) (Supreme Court of Victoria, 31 August 2018) (application to terminate a winding up)

2017

Hastie Group Ltd (In Liq) & Ors v Bourne & Ors; Hastie Group Ltd (In Liq) & Ors v Moore & Ors [2017] NSWSC 709 (interlocutory applications in proceedings against directors and auditors)

In the Matter of CTM Training Solutions Pty Ltd (In Liq) (Supreme Court of Victoria, 3, 11, 31 October 2017) (examinations under Part 5.9 of the Corporations Act)

2016

In the Matter of Maxwell Property Group Pty Ltd (In Liq) (Supreme Court of Victoria, 29 November 2016) (examinations under Part 5.9 of the Corporations Act)

Crosbie, in the Matter of Hastie Group Ltd (In Liq) & Ors [2016] FCA 1289 (application by liquidator for approval of litigation funding agreement under s 477(2B) of the Corporations Act)

Liubinas & Anor v Vicport Fisheries Pty Ltd (No. 2) [2016] VCAT 1893 (hearing of preliminary question on construction of lease of retail premises)

Liubinas & Anor v Vicport Fisheries Pty Ltd [2016] VCAT 927 (hearing of preliminary question on ownership of fitout in retail premises)

2015

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)

2014

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)

2013

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 in the 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)

2012

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)

2011

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)