Areas of practice
Banking and Insolvency
Commercial Litigation
Intellectual Property
Partnerships
Trusts
Fiduciary Duties
Insurance
Date of admission
February 2003
Contact
+612 8815 9135
ben.katekar@5wentworth.com
Education
Mr Katekar studied at the Australian National University in Canberra, where he was awarded a Bachelor of Laws (Hons) and a Bachelor of Economics.
Professional Career
Mr Katekar began his legal career at Allens Arthur Robinson (then Allen Allen & Hemsley) in August 1992. He became a Senior Associate of that firm in July 1996 which position he kept until he left for the Bar in December 2002. Mr Katekar took a 9-month secondment to Westpac Banking Corporation in 1994, and worked for a year as an accountant for Arthur Andersen & Co in 1988.
Reported Cases
Mr Katekar has experience across all kinds of commercial litigation, with particular expertise in insolvency and intellectual property.
Mr Katekar appeared for the plaintiffs in AI McLean Pty Ltd v Hayson [2008] NSWSC 927, which involved claims of professional negligence against various law firms arising out of the failed exercise of options under a complex tax-driven investment scheme.
Mr Katekar appeared for the plaintiffs in Ingot Capital Investments v Macquarie Equity Capital Markets & Ors [No 6] (2007) 63 ACSR 1 [2007] NSWSC 124, concerning an allegedly misleading prospectus issued by an Australian reinsurance company, which went into liquidation shortly after the funds were raised. Claims were made against the underwriters, accountants, lawyers, directors and actuaries for their involvement in the due diligence process.
Mr Katekar recently appeared for the trustee for debenture holders in Elderslie Finance Corporation Limited, successfully obtaining orders from the Federal Court under s283HB of the Corporations Act rendering the trustee’s security enforceable thus ensuring the valid appointment of receivers (Perpetual Trustees WA Ltd v Elderslie Finance Corporation Ltd [2008] FCA 1068).
Mr Katekar has also appeared for the Takeovers Panel in judicial review proceedings challenging a finding by the Panel of unacceptable circumstances in a particular case concerning the acquisition of a parcel units by a company in a trust (60 ACSR 245, 62 ACSR 196). In Australian Capital Reserve Limited (Administrators appointed) v High Tower Investments Pty Limited (Administrators appointed) & Ors [2007] FCA 1028, Mr Katekar acted for the Administrators of ACR in obtaining orders under s447A of the Corporations Act to extend the decision period within which a secured creditor could decide whether or not to appoint a receiver.
Mr Katekar has also addressed the questions of issue estoppel and Anshun estoppel in the Supreme Court case of Commonwealth of Australia v Cockatoo Dockyard Pty Ltd [2006] NSWCA 322, where he acted for the plaintiffs claiming unpaid expenses from the Commonwealth. Mr Katekar also appeared for Cockatoo Dockyard in the Commonwealth’s application for special leave to the High Court.
Mr Katekar has also appeared in Golden Harvest (Aust) Pty Ltd v Paing Pty Ltd & Ors [2004] NSWCA 85, in which Mr Katekar successfully defended allegations of misleading and deceptive conduct made against a shopping centre developer, under the Retail Leases Act.
Industry involvement and Publications
Mr Katekar is a member of the Insolvency Practitioners Association of Australia and, in the intellectual property field, IPSANZ. He has written articles for the Australian Intellectual Property Journal, and his Honours thesis on illegal trusts was published in the Australia Bar Review.
Link to full CV <Ben Katekar>.