Tim Castle Headshot

Tim Castle

Partner

Call Tim +61 2 8915 1085
Call Tim +61 410 539 687

I assist my clients to resolve complex disputes by providing advice which is commercial, strategic and attuned to the specific requirements of their business.

I am a leading commercial litigation and insolvency/restructuring lawyer specialising in the resolution of complex disputes, and in assisting stakeholders to navigate situations of financial distress. With over 20 years experience, I am renowned for my commercial and results-driven approach. I have been recognised in Best Lawyers since 2014 as one of Sydney’s leading Commercial Litigation and Insolvency lawyers.

My focus is on achieving outstanding outcomes for clients which are cost effective and which minimise risk. I seek to resolve disputes without going to Court if a favourable outcome can be achieved, but where necessary I am known to be an aggressive trial litigator who achieves excellent results for his clients. Prior to joining Addisons, I was the practice group leader for a national firm’s Commercial Litigation and Dispute Resolution group.

I have extensive experience in the resolution of complex disputes in many fields including contracts, financial services, negligence, commercial property, defamation, securities, trusts, trade practices, corporate and shareholder disputes. I also regularly advise insolvency practitioners, directors, creditors and financial institutions in relation to all aspects of corporate insolvency and reconstruction, and bankruptcy trustees and creditors in relation to personal insolvency. I am also experienced in alternative dispute resolution including arbitration, expert determination and mediation.

NSW Land & Housing Corporation — Tim acted for the Corporation and was successful at first instance, in the NSW Court of Appeal and the High Court of Australia against ANZ Banking Group. The dispute related to the interpretation and rectification of a bank guarantee where the Corporation’s name (as favoree) had been misdescribed. The High Court upheld the validity of the bank guarantee and confirmed that where there are common mistakes with contractual documentation, the Courts, where possible, will uphold the parties’ actual or true intentions. The decision establishes that bank guarantees and other contractual documents may be rectified where the parties’ true intention may be discerned.

Caltex — Tim acted for Caltex in the successful prosecution of Supreme Court of Victoria proceedings relating to the extent to which Caltex was required to repair and remediate a key property at the end of its lease, including a successful defence of an appeal to the Victorian Court of Appeal. Caltex’s argument that the make-good and repair obligations in the lease applied from the date of each renewal of the lease was upheld, meaning that Caltex avoided the multi-million dollar repair costs. The decision established that each renewal of a lease effectively creates a new lease, unless the parties specifically provide that it is a continuation of the existing lease, which did not occur here.

Ronald McDonald House Charities — Tim acted for RMHC in an estate dispute concerning competing wills. The claim involved a husband and wife who died on the same day after long term illnesses. Both had made wills many years before which made very significant bequests to RMHC with relatively modest bequests to their children. A few days before they died, the children had the parents execute new wills leaving the estates to the children and nothing to RMHC. Tim and his team were able to procure expert medical evidence which established that the husband and wife lacked capacity at the time that they executed the later will. Probate was granted on the earlier will, and RMHC received their bequests.

Recognition

Best Lawyers — Litigation — 2019 — 2021

Doyles — Leading Commercial Litigation & Dispute Resolution Lawyers — NSW — 2021

Best Lawyers — Insolvency and Reorganization Law — 2019 — 2021

AsiaLaw Leading Lawyers — Leading Restructuring and Insolvency Lawyer — 2015

The Legal 500 Asia Pacific — Leading Insolvency and Reorganisation — 2012

Committees and memberships

Full Member, Australian Restructuring Insolvency and Turnaround Association

Member, Law Society of NSW

Industries

Financial Services

Government

Mining, Oil & Gas

Professional Services

Property and Commercial Development

Real Estate

Qualifications

Master of Laws, University of Sydney

Bachelor of Arts/ Bachelor of Laws (Hons), University of Wollongong