Dr Christos Mantziaris

Ample Source International Limited v Bonython Metals Group Pty Limited (in liquidation), in the matter of Bonython Metals Group Pty Limited (in liquidation) (No 10) [2019] FCA 533

BANKRUPTCY AND INSOLVENCY – where liquidator seeks order to pay distributions into Court pursuant to r 18.03(1)(b) of the Federal Court Rules 2011 – whether there are competing claims concerning distributions per r 18.01(b)(ii) of the Rules – where liquidator claims no interest in property – interpleader relief granted by way of payment of distributions into Court 

Dr Christos Mantziaris represented the Plaintiff.

Reasons for the decision can be found here.

Ample Source International Limited v Bonython Metals Group Pty Limited (in liquidation), in the matter of Bonython Metals Group Pty Limited (in liquidation) (No 9) [2019] FCA 287

BANKRUPTCY AND INSOLVENCY - application for judicial advice as to conduct of liquidation - where liquidator seeks order pursuant to s 488(2) Corporations Act 2001 (Cth) to distribute surplus - whether to grant special leave - leave granted.

Dr Christos Mantziaris represented the Plaintiff.

Reasons for the decision can be found here.

Royal Botanic Gardens and Domain Trust v The Attorney General of New South Wales [2018] NSWSC 1666 (31 October 2018)

EQUITY — charitable trusts — Validity and practicability — Administrative scheme ordered for a scholarship bequest for the purposes of the Mt Tomah Garden administered by the Royal Botanic Garden and Domain Trust.

Dr Christos Mantziaris represented the Attorney General (NSW).

Reasons for the decision can be found here

Ample Source International Limited v Bonython Metals Group Pty Limited (in liquidation), in the matter of Bonython Metals Group Pty Limited (in liquidation) (No 8) [2018] FCA 1614 (26 October 2018)

BANKRUPTCY AND INSOLVENCY – application for judicial advice as to conduct of liquidation – whether provider of litigation funding was subrogated to the rights of the liquidator — whether debts owed by company – whether rule in Cherry v Boultbee [1839] Eng R 1099; (1839) 41 ER 171 applicable to distribution – application of the rule in Cherry v Boultbee — costs

Dr Christos Mantziaris represented the Liquidator appointed by PPB Advisory.

Reasons for the decision can be found here

Ubiparipovic & Ors v Vucicevic & Ors [2018] NSWSC 1583 (19 October 2018)

EQUITY — charitable trusts – application for approval of the settlement of charitable trust proceedings – Separation of assets of the St George Serbian Orthodox Church and School Cabramatta (SGSOCC) under two cy–près schemes effecting a division of assets between two different church organisations. 

Dr Christos Mantziaris represented the representatives of the SGSOCC (Plaintiffs).

Reasons for the decision can be found here

Lever v Attorney General of NSW [2018] NSWSC 838 (29 May 2018)

EQUITY – Charitable trusts — private international law — validity of testamentary gift to a foreign executor applying the gift to a charitable purpose in a foreign jurisdiction — how the foreign charitable purpose is to be assessed — Hague Convention — evidence of foreign law.   

Dr Christos Mantziaris represented the Attorney General (NSW).

Reasons for the decision can be found here. 

Wright v Stevens [2018] NSWSC 548 (3 May 2018)

TRUSTS and TRUSTEES - Trust created by Will - Whether private discretionary trust or charitable trust - Powers, duties of trustee of Trust - Potential object of exercise of discretionary power of appointment - Whether has a right to seek information, seek inspection of documents in the possession of the Trustee and accounts - Approach the Court should take to application by a potential object of exercise of discretionary power for an order directing trustee to disclose information and permit inspection of documents relating to the Trust – Whether duty to account to potential object of exercise of discretionary power of appointment - Trustee resisted claim for information, inspection of documents and accounts.

Dr Christos Mantziaris represented the Attorney General (NSW).

Reasons for the decision can be found here

Joseph v NSW Commissioner of Police [2017] NSWCA 31

From the New South Wales Court of Appeal:

ADMINISTRATIVE LAW – refusal of an application for the issue of a firearms dealer licence under the Firearms Act 1996 (NSW) – evidence relating to the applicant’s allegedly fraudulent conduct – criminal charges withdrawn but conduct established on the balance of probabilities – conduct relevant to the licence application – a lesser standard of proof than the criminal standard could be applied in making findings concerning the conduct – relevance of reasons for withdrawal of criminal prosecution 

ADMINISTRATIVE LAW – refusal of an application for the issue of a firearms dealer licence under the Firearms Act 1996 (NSW) – whether decision maker obliged to refer to relevant material where no express or implied statutory obligation to consider it and adequate reasons for the decision given

Dr Christos Mantziaris appeared for the NSW Commissioner of Police.

Stiles v Commissioner for Fair Trading & Anor [2017] NSWCATAP 44

OCCUPATIONAL REGULATION – Tattoo Parlours Industry – Refusal of operator licence – following adverse security determination by Commissioner of Police on grounds of fitness and public interest – Affirmed by Tribunal only on the ground that grant of the licence would not be in the public interest – relationship of the two grounds - meaning to be given to the public interest – no evidence – adequacy of reasons – illogicality – Appeal dismissed.

Dr Christos Mantziaris appeared for the Commissioner of Police

Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255

ADMINISTRATIVE LAW – Appeal - Crimes (Criminal Organisations Control) Act 2012 (NSW) -
Criminal Records Act 1991 (NSW) - Tattoo Parlours Act 2012 (NSW)

Dr Christos Mantziaris appeared for the Commissioner of Police

Mielczarek v Commissioner for Fair Trading [2016] NSWCATAP 217

PRACTICE AND PROCEDURE – application to adduce new evidence on appeal – whether such evidence was likely to produce a different result – consideration of conduct of the proceedings before the Tribunal – application refused

Christos Mantziaris appeared for the respondents.

 

Wade v Commissioner for Fair Trading [2016] NSWCATAD 149

LICENSING – occupational licensing - refusal of operator licence application, cancellation of tattooist licence - fit and proper person - public interest ­ ­-  adverse security determination

Dr Mantziaris appeared for the Commissioner of Fair Trading and the Commissioner of Police, NSW Police Force.

Willoughby City Council v Attorney General of NSW [2016] NSWSC 972

EQUITY – CHARITIES – Trusts and trustee – Where Plaintiff trustee is a local council – Where council held land on trust for the purposes of a public park, public reserve or public recreation area – Land compulsorily acquired with result that the charitable purposes for which the land was held will no longer be fulfilled – Charitable purposes – Other purposes beneficial to public – Where original purposes have ceased to provide a suitable and effective method of using the trust property, having regard to the spirit of the trust – Cy-près scheme proposed taking into consideration practicalities – Approved by Attorney General in amended form – Cy-près scheme as proposed, with amendments, ordered

Dr Mantziaris appeared for the Attorney General (NSW).

Commissioner of Police v Joseph [2016] NSWCATAP 124

OCCUPATIONAL LICENSING – firearms dealers licence – refused – application for administrative review – merits hearing by Appeal Panel – purpose of licence – considerations relevant to fitness and the public interest – refusal affirmed. Firearms Act 1996, s 11(3), s 11(7).

Dr Christos Mantziaris represented the appellant.

Stanizzo v The Secretary of the Department of Justice of New South Wales [2016] NSWSC 348

ADMINISTRATIVE LAW – JUDICIAL REVIEW – decision of Secretary under Costs in Criminal Proceedings Act 1967 – deferral under s 4(5) thereof to see what claimant “may receive” – no relevant criteria for deferral – decision quashed.

Dr Christos Mantziaris appeared for the Attorney General for the State of New South Wales

Stiles v Commissioner for Fair Trading & Commissioner of Police, NSW Police Force [2016] NSWCATAD 30

ADMINISTRATIVE LAW - Tattoo Parlours Act 2012 (NSW) - Applicant for operator's license found to be "fit and proper" person - licence refused for "public interest" grounds

Dr Christos Mantziaris appeared for Commissioner for Fair Trading & Commissioner of Police

Roads and Maritime Services v Rockdale City Council & Ors [2015] NSWSC 1844

EQUITY – trusts and trustees – purpose trusts – where trustee was a local council – where council held land or parts of it on trust for a county road and other purposes – where condition of trusts was that council transfer land or parts of it required for a county road to named body when requested at no cost – where Plaintiff sought transfer of the parcels of land that it ‘required’ for the construction of a road – whether council required to transfer only that part of land that was previously ‘reserved’ or that part of land which was now ‘required’ to the Plaintiff under the terms of the trusts – whether use for a road encompassed ancillary requirements for the construction of the road.

LOCAL GOVERNMENT – regulation and administration – ordinances, regulations, by-laws and local laws – where council held parcels of land on trust for particular purposes – whether obligations arising under the trusts were affected by Local Government Act 1993 (NSW) – application of County of Cumberland Planning Scheme Ordinance

CHARITIES – charitable purposes – other purposes beneficial to public – where council held land on trust for road purposes and for the purposes of a public park, reserve or recreation area – whether trusts created for purposes of roads and road works are charitable trusts – whether trusts created for purposes of parks and public reserves are charitable trusts – whether trust purposes impractical or impossible – whether to order cy-pres scheme

WORDS AND PHRASES – ‘required’ – ‘reserved’ – ‘road purposes’ – ‘purposes of a road’  

Dr Christos Mantziaris and Steven Cominos appeared for RMS

Commissioner of Police v Joseph [2015] NSWCATAP 9

Counsel | Dr Christos Mantziaris 

FIREARMS LICENSING – Application for firearms dealers licence – refused by Commissioner – Commissioner’s decision set aside by Tribunal on review – Appeal by Commissioner – Whether Tribunal erred in its approach to consideration of the Commissioner’s application to have considered material regarded by the Commissioner as relevant – Held that Tribunal erred - Whether refusal on the ground of fitness and refusal on the ground of public interest involved the determination of jurisdictional facts – Held not – Whether the Tribunal properly construed the scope of the public interest discretion – held Tribunal erred – Leave granted to extend appeal to merits. Administrative Decisions Review Act 1997, s 63; Firearms Act 1996s 11(3)s 11(7)s 7

Commissioner of Police v Joseph [2015] NSWCATAP 9 (10 February 2015)