Garth Campbell
T: (02) 9224 1544 E: garth.campbell@stjames.net.au
Garth Campbell is a Sydney-based barrister specialising in building and construction law, general commercial law, equity, software litigation and defamation. Garth was called to the Bar in 2017. He has over 20 years’ experience as a lawyer and is also qualified in science, with a focus on mathematics, computer science and electrical engineering.
For 13 years before coming to the bar, Garth worked as a commercial litigation solicitor, working in both private practice and as an in-house solicitor for a multinational construction company. He has advised and acted for a number of major corporate entities, international banks and private clients. He has also acted in a range of general commercial matters in all jurisdictions in NSW, and in the Federal and High Courts of Australia.
Before beginning his career in the law, Garth gained experience in the financial sector as a quantitative analyst for a leading merchant bank. He has also worked as a computer programming consultant, and as the creative director of a television station in the United States. He brings this diverse commercial experience to his practice as a barrister, as well as the technical and practical knowledge he has gained both in the commercial and legal worlds.
From 2012 to 2015, Garth was an editor on the Australian Construction Law Bulletin.
For further assistance on any queries relating to Garth’s practice, please contact his Clerk, Maxine Phillips, on (02) 9224 1501 or at clerk.10@stjames.net.au
View CV
Garth’s notable cases
● In the matter of Australian International Yacht Club Limited [2021] NSWSC 586: successfully prosecuted a claim on behalf of the majority shareholder / director against the other shareholder / director and by way of derivative action, for breaches of directors duties, breaches of fiduciary duties, and oppression.
● Watson v Kriticos (Summary Judgment) [2021] FCA 261: successfully resisted an application for summary judgment and strike out of a complex pleading in relation to a commercial patent agreement.
● Schieb v Burnheim [2020] NSWSC 254. successfully defended a trustee’s section 66G Conveyancing Act 1919 application for dividing and selling a property. He also prosecuted a claim for damages due to breach of contract for failure to obtain water rights on a jointly purchased rural property.
● C&V Engineering Pty Ltd v Marino Builders Pty Ltd [2020] NSWCA 103. appeared unled for C&V Engineering in the Supreme Court of NSW Court of Appeal in a claim relating to an allegedly repudiated building contract. While the client was ultimately unsuccessful, the Court of Appeal commented favourably on Garth’s advocacy on its behalf during the hearing (at [43]).
Construction
● Voulla Loulli v Baytek Constructions Pty Limited NSWSDC 23 October 2023 (liability) and 24 October 2023 (costs) 2022/168974 unreported: successfully appeared for the owner in a claim against the builder obtaining a 100% judgment and indemnity costs.
● C&V Engineering Pty Ltd v Marino Builders Pty Ltd [2020] NSWCA 103: appeared unled for C&V Engineering in the Supreme Court of NSW Court of Appeal in a claim relating to an allegedly repudiated building contract. The Court of Appeal commented favourably on Garth’s advocacy during the hearing (at [43]).
● Boulus Constructions Pty Ltd v Warrumbungle Shire Council [2022] NSWSC 1368: acted for a builder in NSW Supreme Court proceedings against the Council for unpaid amounts under the construction contract. This involved claims for latent conditions relating to asbestos, delay costs, and a cross-claim for damages and delay. The Council cross-claimed under section 37 of the Design and Building Practitioners Act 2020 (NSW).
● The FPC (NSW) Pty Ltd v Bryson, Bryson v The FPC (NSW) Pty Ltd [2021] NSWCATCD: successfully acted for the owner of a home alleging defective works as a set off against amounts claimed by the Builder.
● The Walsh Group Construction Pty Ltd v Garcia, Garcia v The Walsh Group Construction Pty Ltd [2020] NSWCATCD. successfully acted for the owner of a home alleging defective works as a set off against amounts claimed by the Builder.
● Windowline Pty Limited v The Owners Corporation SP 44333 [2020] NSWCATCD. successfully prosecuted an Owners Corporation claim against the builder for defective window construction in a unit block.
Defamation
● Dr Richard Yang v Media Today Group and Lu Wang NSWDC 2021/264755 2024: obtained judgment in the District Court of NSW on a defamation claim in the amount of $140,000 plus costs and interest on behalf of a cosmetic surgeon plaintiff against an ex-employee defendant who was found to have caused the republication of defamatory material in Chinese language online news media.
● Money v Nationwide News Pty Limited: acted for a car dealer plaintiff in this Federal Court claim. The matter was resolved prior to the final hearing.
● Traljesic v Yahoo!7 Pty Ltd: acted for the website publisher defendant in this Supreme Court claim of defamation via incorrect photo use.
● Muhm v Stevens: acted for the plaintiff in this NSW District Court action against a newsletter publisher.
Software / IT / Patent
● Watson v Kriticos (Summary Judgment) [2021] FCA 261:
successfully resisted an application for summary judgment and strike out of a complex pleading in relation to a commercial patent agreement.
● St Basil’s Homes v Doveria Pty Ltd. acted for the Principal in a NSW Supreme Court claim for defective IT services, and counter claim for unpaid amounts under an IT contract in relation to a system installed in several aged care facilities, including network design, installation and configuration.
● Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2021] FCA 809: acted for the successful applicant in Federal Court proceedings relating to breach of copyright and contract claims.
Corporations
● In the matter of Forte Sydney Construction Pty Ltd [2024] NSWSC 495: successfully acted for a builder to set aside a statutory demand brought by a subcontractor in circumstances where there was an offsetting claim for defects in the works performed by the subcontractor.
● In the matter of Australian International Yacht Club Limited [2021] NSWSC 586: successfully prosecuted a claim on behalf of the majority shareholder / director against the other shareholder / director and by eay of derivative action, for breaches of directors duties, breaches of fiduciary duties, and oppression.
● In the matter of Australian International Yacht Club Limited [2020] NSWSC 1884: successfully obtained leave to bring a derivative action claim on behalf of the majority shareholder/director to prosecute a claim against the other director /shareholder.
Other
● Smart Dollars Tamworth Pty Ltd v Corpique No. 18 Pty Ltd [2023] NSWSC 936: acted for the successful owner of a Motel to retake possession from tenants who had run the Motel down and cause damage to the building.
● Kun Li v Yang Liu (2021) NSWDC 2019 / 168403 unreported: successfully appeared for the plaintiffs in proceedings involving a claim for restitution of amounts paid under an illegal contract for immigration services.
Legal Publications
● Big Choice in Rotten Apples: to pay or to rectify (2018) 29(7&8) ACLB 70
● Lewence Construction: end of the last chance cash grab for insolvent contractors? (2017) 29(1) ACLB 5
● Negligence of builders for latent defects that arise long after completion (2014) 26 ACLB 134
● Agripower Australia – the end of SOP claims on mining leases? (2013) 25 ACLB 66
● Security of Payment Act claims by insolvent contractors (2013) 24(10) ACLB 154
● Carbon Tax price increases in construction projects (2012) 24 ACLB 86
● Completion of residential construction work: When does the clock start ticking? (2011) BCLJ 30
● Quo Vadis? Towards an effective predatory pricing provision (2009) 17 TPLJ 82
● Act Reigns in Corporate Bullying Adelaide Advertiser 15 January 2008
● The Big Chill from Birdsville (Nov 2007) LSJ 64
● Sovereign Immunity and Equitable Rights Against the Commonwealth (2007) 81 ALJ 406
