Mark Sheldon - 7 Wentworth Selborne

7th Floor, 180 Phillip St
                                                                                         Sydney NSW 2000
                                                                                           +61 2 8224 3044
                                                                                     mes@7thfloor.com.au

                                           Mark Sheldon
                                           BARRISTER

Mark maintains a significant practice in major engineering, mining, infrastructure and construction disputes.
Since 2016, he has been consistently recognised in the Doyles Guide as a leading construction barrister in
New South Wales, and more recently in Australia. In 2019, he was also recognised as a Future Leader in
Who’s Who Legal in construction law. In addition, Mark’s broader practice encompasses complex
commercial and property disputes.

Mark regularly appears unled in commercial and construction cases at first instance and in arbitrations. His
client base consists of top-tier Australian and international construction contractors and sub-contractors,
multi-national corporations, overseas mining operators, local councils, certifiers, developers and strata
owners.

Mark has considerable experience in the Supreme Court of New South Wales and District Court of New
South Wales, as well as in tribunals, including the NSW Civil and Administrative Tribunal (NCAT). His
practice also extends to appearing in other Australian jurisdictions and internationally. He has a particular
interest in commercial arbitrations and has appeared unled in domestic arbitrations, and with highly
esteemed Senior Counsel in multi-million-dollar international arbitrations in the Asia-Pacific region. He has
also appeared in expert determinations, adjudications and mediations.

As a trusted adviser in the provision of strategic advice across all aspects of litigation, Mark is commended
for his approachability and commitment to achieve the most favourable outcome for his clients. He is also
commended for his thorough preparation, strong work ethic and ability to integrate well into a team.

Prior to being called to the Bar in 2015, Mark practised as a solicitor at Corrs Chambers Westgarth and
Arnold Bloch Leibler and before that was Tipstaff to the Honourable Justice Einstein in the Supreme Court
of New South Wales (Commercial and Technology and Construction Lists). While at Corrs, Mark was
seconded to the Australian Centre for International Commercial Arbitration (ACICA) to assist in the
drafting of the ACICA Arbitration Rules.

Mark holds a Bachelor of Laws with Honours and a Bachelor of Commerce with Distinction from the
University of New South Wales. Previously, he was a headnote author for the New South Wales Law
Reports and authored the catchwords for Domestic Commercial Arbitration for the New South Wales Law
Reports with John West QC.

ADMISSIONS TO PRACTICE
    2015         Admitted to the Bar of New South Wales
    2012         Admitted as a Solicitor of the Supreme Court of New South Wales

PROFESSIONAL QUALIFICATIONS
    2010         Bachelor of Laws (Honours): University of New South Wales
    2010         Bachelor of Commerce (Distinction): University of New South Wales

ACCOLADES
    2021        Doyles Guide – Leading Construction Barrister: New South Wales. Recommended:
                Australia

    2020        Doyles Guide – Recommended as a Leading Construction Barrister: New South Wales &
                Australia

    2019        Who’s Who Legal – Construction 2019: Future Leader

    2019        Doyles Guide – Leading Construction Barrister: New South Wales

    2018        Doyles Guide – Recommended as a Leading Construction Barrister: New South Wales

    2017        Doyles Guide – Emerging Construction & Infrastructure Junior Counsel: New South
                Wales

    2016        Doyles Guide – Recommended as a Leading Construction Barrister: New South Wales

PRINCIPAL AREAS OF PRACTICE
     Arbitration (Domestic and International)           Competition and Consumer Law
     Building and Construction                          Corporations Law
     Commercial and Equity                              Property Law

PROFESSIONAL EXPERIENCE
    2015 - present       Barrister, 7 Wentworth Selborne Chambers
    2014 - 2015          Solicitor, Arnold Bloch Leibler (Commercial Litigation Department)
    2011 - 2014          Solicitor, Corrs Chambers Westgarth (Construction Litigation Department)
    2010 - 2011         Tipstaff to the Hon. Justice Einstein, Supreme Court of New South Wales
                        (Commercial and Technology and Construction Lists)

PUBLICATIONS
  A wise decision on an ‘unwise’ amendment – New SOPA provisions considered for the first time
   (2014) Australian Construction Law Newsletter Issue #159, p.28
  The effect of Andrews v ANZ: Going beyond bank fees – It’s about performance too! [2013] I.C.L.R.
   187 (International Construction Law Review)
  ASIC – How far does its obligations of fairness extend (2011) 26 Aust Jnl of Corp Law 112 (Australian
   Journal of Corporate Law) (with the Hon. Justice Clifford Einstein)

OTHER RELEVANT ACTIVITIES
  Intern at the Australian Centre for International Commercial Arbitration (ACICA) - 2013
  Author of commercial arbitration catchwords for the New South Wales Law Reports (with John West
   QC)
  Headnote author for the New South Wales Law Reports - 2011 to 2017
  Visiting Lecturer at the University of New South Wales teaching Resolving Civil Disputes, LAWS 2371
  Volunteer Magistrate for the Law Society of New South Wales Interschool Mock Trial Competition –
   2015

SELECT MATTERS (Unled)
   Acted in the New South Wales Court of Appeal for C&V Engineering Pty Ltd, the successful
   respondent to an appeal from a first instance decision, concerning the supply and installation of steel
   connections to a development in Mascot
   (C & V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2020] NSWCA 103; (2021) 36 BCL
   317)

    Acted for Baker & Provan Defence Pty Limited against Supacat Pty Limited in a contractual claim
    arising from the construction of military vehicles for the Department of Defence. Obtained judgment
    for the full amount claimed (Baker & Provan Defence Pty Limited v Supacat Pty Limited [2020] NSWSC 720;
    [2020] NSWSC 387)

    Acted for a franchisor against a shopfitter successfully defending a claim for breach of contract arising
    out of the fit out of three food stores (Repfix Industries Pty Ltd v FBD Group Pty Ltd [2020] NSWDC
    514)

    Acted for a homeowner successfully defending an allegation of negligence arising from excavation
    works carried out on the homeowner’s property (Bowen v Stavroulakis [2020] NSWDC 20)

    Acted for Cumberland Council in seeking a stay against companies associated with Salim Mehajer.
    Those companies make a claim against the Council for in excess of $55m (A-Link Technology Pty Ltd v
    Cumberland Council [2020] NSWSC 1845)

    Acted for a builder successfully resisting an application for security for costs (The Owners – Strata Plan
    No 94267 v DEC Engineering & Construction Pty Ltd & Anor [2020] NSWSC 1647)

    Acted for Payce Communities Pty Ltd (developer) in successfully resisting an application for a
    permanent injunction by Canterbury-Bankstown Council seeking to restrain Payce from proceeding to
    adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW)
    (Canterbury-Bankstown Council v Payce Communities Pty Ltd [2019] NSWSC 1419)

    Acted for Payce Communities Pty Ltd (developer) in successfully resisting an application by
    Canterbury-Bankstown Council to quash an adjudication determination and stay its enforcement
    Building and Construction Industry Security of Payment Act 1999 (NSW) (Canterbury-Bankstown Council
    v Payce Communities Pty Ltd [2019] NSWSC 1803)

    Acted for C&V Engineering Pty Ltd against Hamilton & Marino Builders Pty Ltd in a successful
    contractual dispute concerning the supply and installation of steel connections to a development in
    Mascot (C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2019] NSWDC 220)

    Acted for Trimcon Civil Contracts in a leasing dispute with its landlord, successfully resisting a
    mandatory injunction to force Trimcon to vacate the premises (injunction unreported, costs judgment:
    Trimcon Civil Contracts Pty Ltd v Powerlink Investment (Australia) Pty Ltd [2019] NSWSC 1494)

    Acted for Ralan (Culworth) Pty Ltd against an Owners Corporation in successfully resisting an appeal
    and application for judicial review to the Supreme Court of New South Wales (The Owners Strata Plan
    83405 v Ralan (Culworth) Pty Ltd [2019] NSWSC 578)

    Acted for Ottoway Engineering Pty Ltd against Pooncarie Operations Pty Ltd in a motion in the
    Supreme Court (Ottoway Engineering Pty Ltd (administrators appointed) v Pooncarie Operations Pty Ltd [2018]
    NSWSC 1775)

    Acted for Ralan (Culworth) Pty Ltd against an Owners Corporation in a successful appeal from an
    order transferring the proceedings to the Supreme Court of New South Wales (Ralan (Culworth) Pty Ltd
    v Owners Corporation SP 83405 [2017] NSWCATAP 223)

Acted for a major Australian services contractor against the New South Wales State government in an
    expert determination concerning the failure of the government to implement the necessary IT system

    Acted for Fortus Holdings Pty Ltd & Anor against Somersby Land Investments Pty Ltd in a
    construction dispute in the Federal Court of Australia

    Acted for a homeowner in a winding up proceedings against a builder in the Federal Court of Australia

SELECT MATTERS (Led)
   Acted for an Italian designer against CPB Contractors Pty Ltd, successfully seeking a referral to
   arbitration in Singapore under the ICC Rules under section 7(2) of the International Arbitration Act.
   Decision considers the kompetenz-kompetenz principle and the interaction of limitation periods with
   referrals to arbitration (Led by J Giles SC) (CPB Contractors Pty Ltd v DEAL S.R.L. [2021] NSWSC
   820)

    Acted for Payce (a developer) against Canterbury-Bankstown Council and successfully obtained
    judgment in respect of numerous disputed variations, together with costs. Involved issues of
    contractual interpretation and quantity surveying expert evidence (led by D Miller SC) (Payce
    Communities Pty Ltd v Canterbury-Bankstown Council [2021] NSWSC 331; [2021] NSWSC 710; [2021]
    NSWSC 404; [2021] NSWSC 464 (unled); [2021] NSWSC 558 (unled))

    Acted for Double Bay Bowling Club against Woollahra Council, successfully extinguishing a
    covenant over the Club’s land that prevented the sale of two town houses. The Council also failed on
    their claim for about $3m in compensation (led by J Lazarus SC) (Double Bay Bowling Club v Council of
    the Municipality of Woollahra trading as Woollahra Municipal Council [2020] NSWSC 1861)

    Acted for a property developer against a counterparty in a case concerning allegations of misleading
    or deceptive conduct arising out of a property transaction. Awarded damages against the
    counterparty in the amount of $4,166,990 (led by D Miller SC) (Avenue Prime No.1 Pty Ltd atf Avenue
    Prime No.1 Unit Trust v Lennox & Ors [2020] NSWSC 1775)

    Acted for a party seeking to resist a permanent stay and maintain proceedings in the Supreme Court
    of New South Wales despite the presence of a mandatory expert determination clause (led by M
    Condon SC) (May Harlow Pty Ltd v Winten (No 48) Pty Ltd [2020] NSWSC 1011)

    Acted for a developer against a sewer designer concerning an allegation of defective design and
    resultant delay costs and other damages on first instance and on appeal (led by M Dempsey SC)
    (White Constructions Pty Ltd v PBS Holdings Pty Ltd [2020] NSWCA 277; [2019] NSWSC 1166)

    Acted for a builder successfully seeking a referral to arbitration under section 8 of the Commercial
    Arbitration Act (led by T Duggan SC) (Broken Hill City Council v Unique Urban Built Pty Ltd [2018]
    NSWSC 825)

    Acted for a developer against an owner on an application for judgment under the Building and
    Construction Industry Security of Payment Act 1999 (NSW). Case concerned the requirements of a
    valid supporting statement (led by I Roberts SC) (Central Projects Pty Ltd v Davidson [2018] NSWSC 523)

    Acted for Ceerose Pty Ltd (developer) against an Owners Corporation in a home building defects
    dispute in the Supreme Court of New South Wales (led by D Miller SC at first instance and I Roberts
    SC on appeal) ([2017] NSWCA 140; [2016] NSWSC 1629; [2016] NSWSC 1545)

    Acted for St Hillers Pty Ltd against ACT Projects in a dispute under the BCISP Act in the Supreme
    Court of the ACT (led by D Miller SC) (St Hilliers Property Pty Limited v ACT Projects Pty Ltd and Anor
    [2017] ACTSC 177); ([2017] ACTSC 263 unled on costs)

Acted for a strata lot owner in a judicial review application under the Strata Schemes Management Act
  in the Supreme Court of New South Wales (led by J Lazarus) (Colbert v McDonald & Ors [2016] NSWSC
  1291)

  Acted for Cumberland Council against Sydney Construction & Developments Pty Ltd in a dispute over
  a Contract for the Sale of Land with an entity related to Salim Mehajer in the Supreme Court of New
  South Wales (led by A Galasso SC and J Lazarus) (Sydney Constructions & Developments Pty Ltd v
  Cumberland Council [2018] NSWSC 304)

  Acted for a lessor seeking possession under a lease (Led by J Lazarus) (Medi-Aid Centre Foundation Ltd v
  Joys Child Care Ltd [2018] NSWSC 1586); ([2017] NSWSC 1463 unled successfully opposing
  adjournment application)

  Acted for a homeowner at first instance, and on appeal, in a defects claims against a builder (led by R
  Stitt QC) (MJH Built Pty Ltd v Robinson [2020] NSWCATAP 133)

  Acted for Acciona on the Sydney Light Rail Dispute

  Acted for Caltex Australia Pty Ltd against CCS Ceska & Anor in a complex IT services contract dispute
  in the Supreme Court of New South Wales (led by J Giles SC)

DOMESTIC AND INTERNATIONAL ARBITRATION

  Acted for Nui Phao Mining Company Limited (Vietnamese company) against Jacobs E&C Australia
  Pty Limited to enforce an award of approximately $USD 100m as a result of a SIAC Arbitral award
  (Federal Court of Australia Proceedings NSD552/2019) (led by D Miller SC)

  Acted for a Vietnamese mining operator on an international arbitration against a leading international
  design house under SIAC Rules (led by M Dempsey SC and D Hughes)

  Acted for a top-tier Australian contractor on an international arbitration conducted in Singapore under
  SIAC Rules (led by R McHugh SC and T Breakspear)

  Acting for a major logistics provider in a domestic arbitration against the Commonwealth Government
  (unled in some claims, led by E Hyde in other claims)

  Acted for a global television streaming service who intervened in an arbitration between two Australian
  entities (unled)

  Acted for an Australian subcontractor against a large Australian contractor on a domestic arbitration
  in Melbourne concerning the Gladstone piping project (led by D Miller SC)

  Acted for an Australian subcontractor against a large Australian contractor on a domestic arbitration
  in Perth concerning a mining project in Western Australia (led by D Miller SC)

  Acted for an Australian subcontractor against a French multi-national corporation on a domestic
  arbitration in Adelaide concerning a smelter and recycling plant (unled)

  Acted for a top-tier Australian contractor against a large energy supplier on a domestic arbitration in
  Sydney concerning alleged defects in a water plant (unled)