Chris Kintis | Partner | Sydney

  • Litigation & Dispute Resolution
  • Debt Recovery & Insolvency
Tel 61 2 8235 1251Mob 0408 290 197Email c.kintis@clarkekann.com.au

Chris has more than 18 years' experience in the management of commercial disputes and has advised and represented clients across a broad range of industries, including manufacturing, retail advertising, mining, financial services, transport, construction, information technology and e-commerce.

He takes a solutions oriented business approach to dispute resolution - a skill he has honed over those 18 years. You will see him in his element during commercial dispute negotiations where he partners with clients to achieve better strategic outcomes than could be achieved through litigation. Chris has a strong track record of effective dispute conduct and management, often resulting in resolution without the need to proceed to trial.

Chris has extensive experience in advising company directors in connection with complex regulatory and compliance issues. He has represented company directors in proceedings arising out of major corporate collapses, including One.Tel, HIH Insurance and NewCap Reinsurance Corporation.

Chris also has extensive experience in cross border disputes. He has acted for clients involved in disputes in the United States, United Kingdom, China, and in a number South Pacific nations including Vanuatu, New Caledonia, Papua New Guinea, Nauru and Fiji.

Experience

Litigation & Dispute Resolution

  • Mining and resources clients

    • Acting for a multinational resource exploration company in Federal Court proceedings relating to the fitness for purpose of an oil exploration rig;
    • Advising an international oil exploration company in relation to its rights to terminate an agreement for the provision of shipping services;
    • Representing and advising the minority shareholders of a mining services company in oppression proceedings in the Supreme Court of New South Wales;
    • Acting for an Australian mining company in a dispute with a German manufacturer of mining products in relation to a mining accident in the state of Kentucky in the United States.
  • Manufacturing clients

    • Advising an Australian manufacturer in relation to its rights to terminate a distribution agreement, including advice in relation to international arbitration under the SIAC rules; 
    • Ongoing advice and representation to engineering manufacturing companies in relation to product liability claims.
  • Financial services industry clients

    • Successfully representing and advising a listed company which was a defendant in Federal Court proceedings involving allegations of insider trading in connection with a hostile take-over bid for Rivkin Financial Services;
    • Advising and representing a Sydney accounting practice in relation to the prosecution of a claim against a former member of the firm for the alleged theft of confidential firm information;
    • Advising international investors in respect of their rights to recover funds lost by Australian investment fund managers.
  • Hospitality industry client

    • Advising the proprietor of a prominent Sydney hotel in relation to the publication of content on a website that breached provisions of the Trade Practices Act; 
    • Representing six parties in complex proceedings arising out of the sale of a Sydney hotel. 
  • Multinational telecommunications client

    Advising and representing a multinational telecommunications company in connection several with breach of employment contract claims brought by senior management.
  • Agribusiness industry clients

    Representing and advising the vendors of $250 million business in connection with a breach of warranty claim involving alleged losses in the order of $14 million.

  • Property and construction industry clients

    • Acting in successful proceedings in the Federal Court of Australia regarding the enforceability of a garnishee notice issued by the Commissioner of Taxation;
    • Advising and representing an Owners Corporation in relation to a building defects claim in the Supreme Court of NSW involving rectification costs exceeding $7 million.

Debt Recovery & Insolvency

  • Director of New Cap Reinsurance Corporation Limited (in liquidation)

    Representing a former director of New Cap Reinsurance Corporation Limited (in liquidation) in relation to:

    • Supreme Court proceedings involving allegations that a misleading prospectus had been issued and involved a damages claim exceeding $41 million and in subsequent Court Of Appeal proceedings; and
    • insolvent trading proceedings involving a claim in the order of $65 million.
  • Former Chairman of One.Tel Limited

    Representing the former Chairman of One.Tel in relation to:
    • civil penalty proceedings commenced by ASIC. In those proceedings ASIC sought banning orders and a compensation order of $92 million;
    • proceedings in the Supreme Court of New South Wales against CGU Insurance seeking indemnity under a D&O policy and subsequent appeal to the Court of Appeal;
    • defence of proceedings brought against him by the liquidators of One.Tel concerning the recovery of performance bonuses paid to executive directors. 
  • Former Finance Director of HIH Insurance Limited

    Representing the former Finance Director of HIH Insurance Limited in connection with two sets of criminal proceedings in the Supreme Court of New South Wales.

  • Armico Mining Pty Limited

    Representing the directors of Arimco Mining in connection with insolvent trading proceedings involving a claim exceeding $20 million.

  • Private individual and corporate clients

    • Advising and representing individuals and companies that are the subject of enforcement by borrowers;
    • Contesting the validity of mortgages and guarantees, including recent successful proceedings in the Supreme Court of New South Wales setting aside a mortgage and guarantee.
  • Private creditor client

    Acting for a creditor in opposition to the proposed HIH Insurance Scheme of Arrangement.

Significant Cases

  • American Diagnostica Inc v Gradipore Ltd (1998) 44 NSWLR 312 (patent infringement, confidential information, misappropriation of trade secrets, international arbitration under UNCITRAL rules)
  • Mark Silbermann v CGU Insurance Limited; John Huyshe Greaves v CGU Insurance Limited; John David Rich v CGU Insurance Limited; One.Tel Limited (In Liq) v Rich & Ors (2004) 48 ACSR 231 (civil penalty proceedings, D&O Insurance; directors duties)
  • ASIC v Rich & Ors (2005) 50 ACSR 500 (duties of Chair of board of listed company, civil penalties under Corporations. Act)
  • Rivkin Financial Services Ltd v Sofcom Ltd (2004) 51 ACSR 486; (2005) 23 ACLC 42 (hostile take over bid, insider trading)
  • Re HIH Casualty and General Insurance Limited (2005) 56 ACSR 295 (Scheme of Arrangement)
  • Martin John Green in his Capacity as Liquidator of Arimco Mining Pty Limited (in liquidation) v CGU Insurance Limited & Ors (2005) 23 ACLC 545 (directors duties, D&O Insurance)
  • R v Fodera [2007] NSWSC 1194 (misleading prospectus, Corporations Act, duties of finance director of a listed entity)
  • Regina (Commonwealth) v Fodera [2007] NSWSC 1242 (re-insurance treaties, duties of a finance director of a listed entity)
  • Ingot Capital Investments & Ors v Macquarie Equity Capital Markets & Ors [No. 6] (2007) 63 ACSR 1 (capital raising, misleading or deceptive conduct, liability in respect of issue of prospectus, duties of due diligence committee)
  • Ingot Capital Investment & Ors v Macquarie Equity Capital Markets & Ors [2008] NSWCA 206 (appeal from first instance decision)
  • Commissioner of Taxation v De Martin and Gasparini Pty Ltd [2011] FCA 286 (challenge to the validity of a garnishee notice issued by the Commissioner of Taxation)
  • In the matter of RUS Holdings (Australia) Pty Limited [2012] NSWSC 1075 (shareholder oppression; statutory derivative action)
  • Alceon Group Pty Ltd v Rose [2015] NSWSC 868 (proceedings involving a successful challenge to a guarantee and mortgage)

Articles

People

Partners, Steven Cardell and Paul O’Dea were recently listed in Doyle’s Guide to the Australian Legal Profession - Leading Property and Real Estate Lawyers – Brisbane 2016. To make this list requires feedback from various sources but most importantly our clients. We thank our clients for that valuable input and look forward to assisting in your continued property growth.  VIEW MORE

Expertise

ClarkeKann has received the Australia-Taiwan Business Excellence Award for our efforts promoting and advising on most of the major investments from Taiwan into Australia over the last 20 years. Click below for more details about Foreign InvestmentVIEW MORE

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