Background

 

Edward Cox was called to the Bar in 2001. Edward appears in commercial disputes in the Supreme, Federal and District Courts, appeals, inquiries and arbitrations (Commercial and Sport). He has extensive experience in international commercial disputes, including arbitration.

His practice includes maritime, transport and private international law concerning trade. Edward is equally adept in the fields of general Corporations Law, including Insolvency, Equity, Trusts and Probate.

Edward’s technical background and ability to understand the basic principles and forces in physics means he frequently works in cases which involve technical evidence..

Edward is listed as a leading Junior Counsel in the Chambers & Partners, Who’s Who Legal and Doyles Transport/Shipping Reviews of the Australian Bar. Edward has previously lectured in private International Law at Macquarie University, and regularly gives papers for CPDs and conferences. He also advises on and sits as an arbitrator in sports disciplinary proceedings concerning sailing.

 



Focus Areas + Select Cases

 Semantic Software Asia Pacific Ltd v Ebbsfleet Pty Ltd [2018] NSWCA 12 (14 February 2018) - Contract construction, remedies, Australian Consumer Law, proof of reliance, procedural fairness

Action Workforce Pty Ltd v DHL Exel Supply Chain (Australia) Pty Ltd; DHL Exel Supply Chain (Australia) Pty Ltd v Action Workforce Pty Ltd [2017] NSWCA 321 (12 December 2017 - Contract construction, indemnity agreement, reasonableness of settlement

Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2016] FCA 1131 (13 September 2016) - Challenge to arbitral award under International Arbitration Act

Morris v McConaghy Australia Pty Ltd [2018] FCA 435 (15 February 2018) - Jurisdiction of Federal Court in shareholder dispute concerning Cayman Island company, anti-anti suit injunction

British Marine Plc v Wollongong Coal Ltd & Jagatramka[2015] FCA 303 - Contract to guarantee charter party, whether contract capable of acceptance, Australian Consumer Law, breach of warrant of authority, estoppel, ostensible authority and reliance, whether claim apportionable, contributory negligence.



 Urusoglu v MSU Management Pty Ltd [2011] NSWSC 54 - Contract, equity, restitution, claim in deceit, rectification of share register).

Public Trustee v Smith [2008] NSWSC 397 - Wills, discretionary trust, estoppel by convention.

Source & Resource Pty Ltd Porada [2007] NSWSC 883, [2008] Aust Contracts Reports 90-272 - Invalid caveat, damages, contract for sale of land, waiver.

Tribond Pty Ltd v Atinon [2007] NSWSC 1079 - Contract for sale of land, specific performance, conventional estoppel.

Forrest v Appleyard [2006] NSWSC 281 - Partnership, contract, conventional estoppel


 

 Morris v McConaghy Australia Pty Ltd [2018] FCA 435 (15 February 2018) - Jurisdiction of Federal Court in shareholder dispute concerning Cayman Island company, anti-anti suit injunction 

Re Elsmore Resources [2016] NSWSC - Listing on ASX, breach of trust regarding share subscriber fees, Contracts Review Act.  

Macquarie University v MUPRA (Unreported SCNSW, Black J, 7 May 2015) - Winding up of unincorporated body under inherent jurisdiction.

Multicfbm (Asia Pacific) Pty Ltd v Han [2008] NSWSC 1339; 69 ACSR 106 - Corporations Act, whether proceedings a nullity, challenge to solicitor’s retainer.

Luong v CASS [2008] NSWSC 71 - Co-Operatives Act, rectification, oppression, challenge to settlement agreement.



Reiter Petroleum Inc v The Ship “Sam Hawk” [2016] FCAFC 26 (28 September 2016), appeal currently reserved - Foreign maritime lien claim under Admiralty Act 1988 (Cth), whether the Privy Council decision in the Halcyon Isle [1981] AC 221 applies in Australia, jurisdiction, supply of bunkers subject to US law maritime lien for necessaries

Delaware North Marine Experience Pty Ltd v The Ship "Eye-Spy" [2017] FCA 708 (23 June 2017) - Charterparty dispute, damage under s.34 Admiralty Act

Toll Holdings Pty Ltd v Stewart (As receiver and Manager of Dick Smith Electronics Pty Ltd) [2016] FCA 256 - Sale of Goods, stoppage in transit, conversion, Admiralty, bill of lading, ss.440B and 440D of the Corporations Act, interpleader relief

Newcastle Port Corp v The Owners of the Ship Magdalene [2013] NSWLEC 210 - Marine Pollution Act 1987, spill of 72,000 litres of heavy fuel oil, fine $1.2 million.

Shagang Shipping Co Ltd v Ship Bulk Peace [2014] FCAFC 48, [2015] FCA 682 - Arrest of ship as security for arbitral award of USD66,356,281, application to set aside arrest for want of jurisdiction, meaning of ‘owner’, beneficial ownership under Admiralty Act 1988, damages for wrongful arrest under s.34.



Notable Cases

Reiter Petroleum v The ship Sam Hawk [2015] FCA 1005 – Ship arrest based on foreign maritime lien, test case based on US law, successful in Federal Court Perth, Appeal heard in February and still reserved. Read More

Noble Resources v Sino Dragon [2015] FCA 1028 – Noble Resources v Sino Dragon [2015] FCA 1028 – Commercial arbitration regarding export of iron Ore. Read More

Newcastle Port Corporation v The Owners of the ship Magdalene [2013] NSWLEC 210 – Appear for prosecution in Oil Pollution proceedings in LEC, fine 1.2 million. Read More

In the matter of MSU Management Pty Ltd - Urusoglu v MSU Management Pty Ltd & ors [2011] NSWSC 54 - General Commercial proceedings. Read More

Toll Holdings Ltd v Stewart [2016] FCA 256 – Sale of Goods, insolvency. Read More



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