Professional career
Mr Bulley was a Solicitor and then Senior Associate at Ebsworth & Ebsworth, where he worked in the litigation department for ten years. During that time he worked in nearly all aspects of the firm’s litigation practice. Specifically, his experience in litigation included contracts of insurance, professional indemnity in relation to the liability of trustees, stockbrokers, insurance brokers, solicitors and doctors, Section 52 of the Trade Practices Act, disputes arising from leases, winding-up of companies and affreightment.
Since coming to the Bar, Mr Bulley has appeared in a variety of jurisdictions, appearing for parties in a wide range of matters. He is briefed by a variety of solicitors’ firms including large firms in the Sydney CBD as well as small firms and sole practitioners outside the CBD and in country NSW.
Selected cases
General Commercial
In GE Commercial Corporation (Aust) Pty Ltd v Mell Associates Pty Ltd & Ors [2009] NSWSC 787 Mr Bulley appeared as junior counsel on behalf of a Plaintiff financier who successfully established title to a large number of caravans and motor homes pursuant to the terms of a Romalpa retention of title clause of the kind considered in Aluminium Industrie Vaasen BBV v Romalpa Aluminium Ltd [1976] 2 All ER 552. In May
2010 Mr Bulley again appeared as junior counsel (with Gregory Burton SC) on
behalf of the successful Respondent when the appeal was dismissed in LMC Caravans GmbH + Co KG v GE Commercial Corporation (Australia) Pty Ltd
[2010] NSWCA120 .
Mr Bulley appeared on behalf of the successful Respondent in Itaoui v Yamaha Motor Finance Australia Pty Ltd [2009] NSWSC 1363 in which the Supreme Court dismissed an appeal from Local Court proceedings in relation to an alleged conversion and wrongful detention of a number of motorcycles.
Mr Bulley appeared in Carbotech-Australia Pty Ltd v Yates [2008] NSWSC 1151 in which the Supreme Court considered whether client legal privilege attached to communications made for the purpose of carrying out a criminal or fraudulent activity and where such privilege could be lost, namely, where the client possessed the relevant purpose of which the lawyer was unaware.
In
New
South Wales v Austeel Pty Ltd [2003] NSWSC 1077 the Supreme Court
had to urgently consider the proper construction of a dispute resolution
clause contained in a contract for large steel plant to be constructed
on behalf of the NSW State Government.
Corporations Law
In Demlakian Engineers Pty Ltd v Priority Plus Capital Pty Ltd [2009] NSWSC 155
Mr Bulley successfully appeared on behalf of the plaintiff in a case in
which the Supreme Court set aside a statutory demand under s459G of the
Corporations Act 2001 (Cth) by reason of a genuine dispute as to the
existence of the debt claimed in the demand.
Mr
Bulley appeared in the complicated matter of Surf
Road Nominees Pty Ltd v James [2004] NSWSC 61 involving the
enforcement of guarantees and allegations of breach of fiduciary duties
and oppressive conduct under the Corporations Law arising out of
the operations of a real estate agency.
Mr Bulley acted as junior counsel for the opponent in Harris v Digital Pulse Pty Ltd (2003) 44 ACSR 390 heard in the New South Wales Court of Appeal. This case dealt with whether an award of exemplary damages was available in equity for breach of fiduciary duty.
Trade Practices
In
the case of Thomas
v Foreshore Marine Exhaust Systems Pty Ltd (2006) ATPR 42-100
[2005] NSWCA 451, the New South Wales Court of Appeal considered the
standard of proof applicable to a claim in negligence and under the
consumer protection provisions of the Trade Practices Act in
respect of a faulty marine muffler.
Mr Bulley acted for the first defendant in Boral Formwork & Scaffolding Pty Ltd v Action Makers Ltd (in receivership) (2003) ATPR 41-953 [2003] NSWSC 713. This matter involved an allegation of unconscionable conduct under the Trade Practices Act arising out of a seller under a supply agreement demanding full payment on a letter of credit without making an allowance for defective goods.
Wills and Probate
Mr
Bulley also has experience in the area of wills and probate.
In Smith v Daniels and Anor [2010] NSWSC 604
Mr Bulley appeared on behalf of the deceased’s estate in a complex set of proceedings
involving a claim made under the Family Provision Act, 1982 brought against the
background of a winding-up of a partnership business operated by the claimant
and the deceased.
The case of Button v Lynch [2002] NSWSC 1148 also concerned an application for family provision by an adult daughter and adult grandson, pursuant to the provisions of the Family Provision Act, and the competing claim of a widower of the deceased.
He represented the defendant in Pahlow-Silady v Siladi [1999] NSWSC 890, which considered whether a statutory declaration could constitute the will of a deceased pursuant to s 18A of the Wills Probate and Administration Act 1898.
Publications
Mr Bulley was co-author, together with Keith Mason QC and Professor John Carter, of the Restitution title published as part of Halsbury’s Laws of Australia by Butterworths. Mr Bulley also assisted in the preparation of Restitution Law in Australia, the first textbook to be published in Australia on the law of Restitution.
Memberships
Mr Bulley was involved in the Duty Barrister Scheme conducted by the NSW Bar Association from 1997 to 2002 and was a member of the Bar Association’s Alternative Dispute Resolution Committee for three years until 2009. Mr Bulley is currently a Director of Counsel's Chambers Limited.