Bishoy Genday

Senior Associate

Sydney

Legal Expertise

Expertise

Bishoy is a valued advisor and advocate in complex civil litigation and dispute resolution, with a focus on corporate insolvency.

With experience managing multi-party and high-stakes litigation, Bishoy has acted for ASX-listed entities, large privately held companies, litigation funders, major property developers, high net-worth individuals, and insolvency practitioners. He practices in areas such as partnership and shareholder disputes, priority disputes, director misconduct, misleading and deceptive conduct, market manipulation, fraud, insolvent trading, voidable transactions, and other serious breaches of corporate civil penalty provisions, executing legal strategies while balancing commercialism and precision.

Bishoy has gained recognition in the industry for his work, having been named a finalist for the Australian Law Awards Senior Associate of the Year in both 2020 and 2021. He won the Lawyers Weekly 30 under 30 in Insolvency award in 2021 and was also named a finalist in the Dispute Resolution and Litigation category.

In 2020, Bishoy received his specialist accreditation and professional membership in the Australian Restructuring Insolvency & Turnaround Association (ARITA), qualifying him as a Restructuring, Insolvency and Turnaround Professional. He was commended for achieving first place in NSW and ACT in Advanced Insolvency and placing second in Australia.

Experience

Bishoy’s experience includes acting for:

  • the liquidator of a company with a market capitalisation of >$500 million prior to its suspension from trading on the ASX, in relation to claims against directors and professional advisors;
  • a previously ASX-listed mining company claiming safe harbour, alleging it had been defrauded by its former director, and negligently represented by its accountants and lawyers by a series of misleading announcements and transactions designed to inflate the company’s share price, improperly benefit third parties and divest the company of its assets;
  • the voluntary administrators in one of Australia’s longest administrations, involving widely reported decisions, in a dispute involving questions of the administrators’ authority to deal with secured property, competing securities and their priorities as against the administrators’ statutory and equitable liens;
  • former voluntary administrators defending allegations of engaging in misleading and deceptive conduct, fraud and breach of contract;
  • one of Australia’s largest timber wholesalers in a dispute against a European supplier in a dispute involving highly technical claims in relation to Australian timber standards, misrepresentation, and the application of European contract law;
  • a litigation funder defending a claim that a funding agreement was void by virtue of the liquidators exceeding their authority to deal with trust assets in entering the contract;
  • a suite of related entities alleging that a shadow director had depleted the value of the companies by engaging in illegal phoenix activity and appointing a liquidator to the trading company;
  • a well-established property developer in a partnership dispute requiring a reconstruction and examination of decades of informal dealings, and related proceedings defending allegations of misappropriation and alleging oppressive conduct against a minority shareholder;
  • a shareholder in relation to a derivative claim on behalf of the company alleging that a director had improperly used his position to obtain a personal benefit; and
  • a company and its principal in defending a claim that an employee was entitled to a share of the business of the company as an informal partner.

Pro Bono and Community Work

Bishoy has advised and acted for refugees and persons with limited means in a range of matters on a pro bono basis, including victims of fraud, domestic abuse, family law and parenting disputes, criminal proceedings and medical negligence.

Professional Recognition

  • Finalist – Senior Associate of the Year, Australian Law Awards 2021
  • Winner – Insolvency category, Lawyers Weekly 30 Under 30 Awards 2021
  • Finalist – Dispute Resolution and Litigation category, Lawyers Weekly 30 Under 30 Awards 2021
  • First place in NSW and ACT in Advanced Insolvency (second place in Australia) – ARITA Advanced Certification 2020
  • Finalist – Senior Associate of the Year, Lawyers Weekly Australian Law Awards 2020

Memberships and Associations

  • Law Society of New South Wales
  • Australian Restructuring & Turnaround Association
  • INSOL International

Qualifications

  • Bachelor of Laws, University of New South Wales
  • Bachelor of Commerce (Marketing), University of New South Wales
  • Certificate in Negotiation, College of Law
  • Advanced Certificate in Insolvency, ARITA and University of Technology, Sydney

Jurisdictions Admitted to Practise

  • New South Wales
  • High Court of Australia

“I believe that a thoughtful and considered approach is critical to effectively resolving highly complex disputes. At Cornwalls, we empathise, and will calmly and decisively work through complexity to put our client’s best case forward.”

Litigation & Dispute Resolution
Restructuring, Turnaround & Insolvency
Intellectual Property