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.

In 2020, Bishoy was a finalist for the Australian Law Awards Senior Associate of the Year, and received his specialist accreditation and membership in the Australian Restructuring Insolvency & Turnaround Association (ARITA).

Experience

Bishoy’s experience includes acting for:

  • a public company claiming safe harbour, alleging it had been defrauded by its former director, and negligently represented by its accountants and lawyers The proceedings concerned a series of misleading announcements and transactions designed to inflate the company’s share price, improperly benefit third parties and divest the company of over $12 million
  • the liquidator of a company with one of the best performing stocks on the ASX prior to its suspension, in relation to its claim that directors and professional advisors negligently caused the company to improperly recognise revenue and invest tens of millions of dollars into hopeless ventures
  • the administrators in one of Australia’s longest administrations, involving widely reported decisions. The dispute involved questions concerning the administrators’ authority to deal with secured property, competing securities and their priorities as against the administrators’ statutory and equitable liens
  • former administrators defending allegations of engaging in misleading and deceptive conduct, fraud and breach of contract
  • 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.
  • 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, Lawyers Weekly Australian Law Awards 2020

Latest Articles

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.”

Intellectual Property
Litigation & Dispute Resolution
Restructuring, Turnaround & Insolvency