CURRICULUM VITAE

Name: David Michael Turner

Chambers details: Gerard Brennan Chambers Level 29, Santos Place 32 Turbot Street BRISBANE QLD 4000 Tel: (07) 3259 1669 Fax: (07) 3259 1699 Email: [email protected]

Areas of Practice: Banking and Finance Bankruptcy and Insolvency Building and Construction Commercial Contract Equity Mining/Energy and Resources Professional Negligence Property Trade Practices and Competition

Professional experience: Solicitor, Minter Ellison (Commercial Disputes), to 30 June 2009

Senior Associate, Minter Ellison (Commercial Disputes), 1 July 2009 to 31 December 2011

Admitted as a barrister in February 2012

Tertiary education:

University of : Bachelor of Laws (Hons), 2003 Corrs Chambers Westgarth Prize for Competition Law David Leeder Davies Prize for Trade Practices Law

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Selected cases

Court proceedings

1. Coeur de Lion Investments Pty Ltd v. Kelly & Ors [2014] 1 Qd R 296; [2013] QCA 160 – corporations law – requirements for leave to commence a statutory derivative action (with L.F Kelly QC).

2. Mackenzie v. Kentcade Properties Pty Ltd (2012) 99 ACSR 399; [2012] QSC 299 – contract – construction of put option – availability of specific performance (with G.A. Thompson QC).

3. PT Arutmin Indonesia v. PT Thiess Contractors Indonesia [2013] QSC 332 – contract – private international law – construction of a foreign mining contract – frustration/supervening illegality (with J. Lockhart SC).

4. Santos Ltd v. Fluor Australia Pty Ltd [2016] QSC 129 – building and construction – stay of proceedings in enforcement of dispute resolution process in EPC contract (with G.A. Thompson QC).

5. Mayfair Property Holdings Pty Ltd v. Southland Packers Pty Ltd (No. 2) [2016] QSC 145 – equity – practice and procedure – fiduciary duties and application of fair dealing rule – misleading or deceptive conduct – issue estoppel – leave to bring counterclaim (with D.A. Kelly QC).

6. Tarangau Game Fishing Charters Pty Ltd v. Eagle Yachts Pty Ltd & Anor [2017] QSC 306 – sale of goods – liability of manufacturer and seller for defective yacht (with D.B. O’Sullivan QC).

7. Ferrari Estate Holdings Pty Ltd v. Cooktown Earthmoving & Quarrying Pty Ltd & Anor [2016] QCA 266 – practice and procedure – appeal against dismissal of action for want of prosecution (unled for the first respondent).

8. Raj v. National Australia Bank Limited [2018] QCA 004 – practice and procedure – appeal against refusal of adjournment of final hearing – leave to adduce further evidence on appeal (unled for the respondent).

9. Logan APZ Pty Ltd v. Council of the City of Logan [2017] QCA 288 – practice and procedure – appeal against order for the provision of security for costs (with L.F. Kelly QC).

10. Patel v. The Queen [2012] HCA 29; (2012) 247 CLR 531 – criminal law – miscarriage of justice in proceedings for manslaughter (with L.F. Kelly QC and P.F. Mylne)

11. Perovich v. Whitton (No. 2) [2016] FCAFC 152; (2016) 14 ABC(NS) 296 – personal insolvency – construction of s 222D of the Bankruptcy Act 1966 (Cth) and provisions of composition agreement as to automatic termination upon event of default (with D.A. Kelly QC).

12. Scott v Port Hinchinbrook Services Ltd [2017] QSC 092 – corporate insolvency – construction of deed of company arrangement (with D.A. Kelly QC).

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13. Nalos & Anor v. Robert Bird Group Pty Ltd & Anor [2015] QSC 174 – practice and procedure – amendment to introduce claim for misleading or deceptive conduct outside limitation period (with G.A. Thompson QC).

14. Lynam v. Arthur J Gallagher Australasia Holdings Pty Ltd [2017] QSC 240 – practice and procedure – striking out of statement of claim as to interpretation or rectification of a share sale agreement (with L.F. Kelly QC).

15. Mylne v. Returned & Services League of Australia (Qld Branch) Maroochydore Sub-Branch Inc [2014] 2 Qd R 127; [2013] QSC 179 – unincorporated associations – justiciability (with M.M. Stewart QC).

16. Manbulloo Limited v Sacilotto & Ors [2013] QDC 243 – corporate insolvency – liability of privately-appointed receivers and managers (Messrs Honey and Crawford of McGrathNicol) on pre-appointment contracts and in tort for conversion (unled for the receiver respondents).

17. Acted for Bowen Central Coal Pty Ltd (a subsidiary of Vale, S.A.) in Supreme Court of Queensland proceedings for the recovery of a US$3M break fee from Singaporean counterparty under a transaction for the sale of an interest in a mining joint venture (unled).

18. Acted for the directors of a multinational insurance broker in the defence of Supreme Court of Queensland proceedings for remedies for alleged oppression in the conduct of the business of a subsidiary company (unled).

19. Acted in numerous proceedings for plaintiffs and defendants concerning the professional liability of engineers, financial advisors, building certifiers and solicitors, including:

(a) defending engineers in multi-party proceedings concerning allegedly defective design and partial failure of the roof section at the ‘Gabba Stadium, Brisbane (with L.F. Kelly QC);

(b) defending engineers in multi-party proceedings concerning allegedly defective design and partial collapse of the boardwalk at Eagle Street Pier, Brisbane (with S. Brown QC, now Hon. Justice Brown);

(c) defending building certifiers in multi-party proceedings concerning alleged failures to identify construction defects in 300-unit residential complex (with G.A. Thompson QC);

(d) defending a financial advisor in proceedings for allegedly negligent financial advice in connection with numerous failed agribusiness schemes (with D.B. O’Sullivan QC).

20. Acted in over 30 contested proceedings on behalf of banks and financial institutions, including:

(a) appearing before the Supreme Court of Queensland for Commonwealth Bank of Australia on successful contested application for summary judgment for approximately $10 million (unled);

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(b) appearing before the Supreme Court of Queensland for Commonwealth Bank of Australia to resist successfully urgent interim injunctive relief to restrain the appointment of receivers and managers (unled);

(c) acting for National Australia Bank Limited in multi-party securities priority dispute (with S. Brown QC, now Hon. Justice Brown);

(d) acting for Westpac Banking Corporation in the defence of proceedings alleging misleading or deceptive conduct in the provision of loan finance (unled);

(e) acting for Westpac Banking Corporation in the defence of proceedings concerning allegedly forged loan instruments (unled);

(f) acting for Commonwealth Bank of Australia in the defence of proceedings concerning alleged cheque fraud (with J.D. McKenna QC).

21. Acted in numerous contested proceedings on behalf of liquidators, administrators, receivers and managers, and trustees in bankruptcy, including:

(a) appearing for the liquidators (Messrs Hughes and Norman of Deloitte) of Aspenglow Pty Ltd (formerly Palmer Petroleum Pty Ltd), in a contested application to the Supreme Court of Queensland heard partly in camera in the absence of the respondent for orders approving entry into a long- term litigation funding agreement (unled);

(b) acting for the administrators (Mr Fletcher and Ms Knight of Bentleys) of a regional airline (unled);

(c) acting for privately-appointed receivers and managers (Mr Jahani of Grant Thornton) of an interest in assets in a large managed investment scheme (with D.B. O’Sullivan QC).

Arbitral proceedings

22. Appeared for US oil and gas principal in commercial arbitration proceedings under the Resolution Institute Arbitration Rules 2016 before the Hon. , AC, the Hon. Chris Pullin, QC, and Robert Gaitskell, QC (prolongation costs in connection with the construction of a liquefied natural gas facility in the Pilbara region of Western Australia; claims exceeded $70M) (with D.B. O’Sullivan QC).

23. Appeared for building contractor in commercial arbitration proceedings under the former IAMA rules before the Hon. David Byrne, QC, involving an eight-week final hearing (claims under building contract for extensions of time, prolongation costs, variations and damages at common law; counterclaim for allegedly defective works; claims exceeded $30M) (with G.A. Thompson QC).

24. Appeared for building contractor in commercial arbitration proceedings under the ICC rules before Allan Myers, AC, QC, Marcus Taverner, QC, and Adam Constable, QC (claim for repudiation of building contract and on a quantum meruit; claim exceeded $800M) (with L.F. Kelly QC and M. Johnston).