Profile

Simon is an advocate with 20 years’ litigation experience. He specialises in commercial disputes; property and construction litigation; extradition; civil and criminal regulatory investigations; anti-money laundering; proceeds of crime; privacy and official information; and public law.

Simon has appeared as counsel in all courts in New Zealand up to the Supreme Court, as well as arbitrations, Royal Commissions of Inquiry, and specialist tribunals including the Land Valuation Tribunal and Human Rights Review Tribunal.

Prior to joining the bar in 2017, Simon worked in the market-leading dispute resolution teams of Russell McVeagh in Auckland and Ashurst in London.

Commercial disputes

  • Counsel in High Court proceedings seeking damages and injunctive relief for alleged breach of restraint of trade by a former director and a related counterclaim for breaches of the Fair Trading Act 1986
  • Acting for a major bank on its defence of a $70 million claim for breach of trust and breach of contract arising from the assignment of interests in a partnership
  • Acting for a major bank in respect of a £100 million class action relating to alleged mis- selling of financial services by its financial advisers
  • Acting for a major bank on civil and criminal liability arising from alleged mis-selling of financial products and services
  • Acting for companies and shareholders in relation to claims of oppressive, discriminatory and/or prejudicial conduct under s 174 of the Companies Act 1993
  • Acting for the target of a takeover in a representative action in the High Court by shareholders and complaints to the Takeovers Panel by a rival bidder
  • Acting for a major listed energy retailer in the United Kingdom in a £100 million contractual interpretation dispute in the Court of Appeal relating to a long-term gas supply agreement
  • Acting for a major listed energy company on a regulatory investigation by the Office of Gas & Electricity Markets, and the application of economic torts, in relation to the transfer of customers between energy suppliers
  • Injunctions, freezing orders and other forms of urgent interim relief, including acting as counsel in High Court proceedings involving global freezing orders over assets in multiple jurisdictions arising from a USD$175 million civil claim

Property and construction litigation

  • Advising property owners (including the owners of some of New Zealand’s largest commercial property portfolios) on property issues including construction disputes, lease disputes, rent reviews, rating valuations, and issues arising from the Canterbury earthquakes
  • Counsel in High Court proceedings relating to cancellation of a lease and related claims for relief against cancellation, relief against refusal of renewal, interim relief and damages for breach of covenant
  • Acting for property owners in relation to acquisition of their land and compensation claims under the Public Works Act 1981, including in relation to the City Rail Link Project
  • Counsel for a building owner in the Canterbury Earthquakes Royal Commission of Inquiry
  • Acting for the owner of a commercial property portfolio in respect of threatened High Court proceedings seeking an injunction to restrain a $65 million construction project
  • Acting for contractors and principals in various construction disputes relating to projects valued at $50-100 million, including arbitration and adjudication under the Construction Contracts Act 2002
  • Counsel in High Court proceedings relating to alleged breach of vendor warranties, misrepresentation, and breach of the Fair Trading Act 1986
  • Counsel in various High Court proceedings under the Unit Titles Act 2010 including in relation to a scheme under s 74 for remediation of an apartment complex with weathertightness issues and Body Corporate levies for repair costs

Extradition

  • Since 2014, counsel in extradition and related proceedings arising from the largest ever criminal copyright prosecution and the leading New Zealand case on criminal liability for online copyright infringement

Civil and criminal regulatory investigations

  • Acting for individuals in regulatory investigations, including investigations by the Financial Markets Authority in relation to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and Financial Advisers Act 2008
  • Advising a wide range of reporting entities on the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, including compliance, exemptions, liaising with regulators, and defending prosecutions

Proceeds of crime

  • Counsel for respondents in various proceedings opposing, and seeking variations to, restraining orders under the Criminal Proceeds (Recovery) Act 2009 and the Mutual Assistance in Criminal Matters Act 1992
  • Counsel for respondents in various proceedings opposing forfeiture orders under the Criminal Proceeds (Recovery) Act 2009 and the Mutual Assistance in Criminal Matters Act 1992

Privacy and official information

  • Advising individuals and agencies on requests under the Privacy Act 1993 and Official Information Act 1982 and challenging refusals of such requests in the Office of the Privacy Commissioner, Human Rights Review Tribunal and the Office of the Ombudsman
  • Counsel in proceedings challenging the transfer and refusal by Crown agencies of an individual’s requests for personal information under the Privacy Act 1993

Public law

  • Counsel in proceedings seeking damages against the Crown for invasion of privacy and breaches of the New Zealand Bill of Rights Act 1990 by the Government Security Communications Bureau in relation to unlawful and/or unreasonable search and seizure, including the use of closed material procedures and special advocates
  • Counsel in High Court proceedings seeking damages from the Police for breaches of the New Zealand Bill of Rights Act 1990
  • Counsel in various proceedings seeking judicial review of decisions under the Mutual Assistance in Criminal Matters Act 1992 to seek search warrants, send seized evidence overseas and apply to register a foreign forfeiture order in New Zealand
  • Counsel in proceedings seeking judicial review of arrest and search warrants
  • Counsel in proceedings seeking judicial review of a decision by the Ministry of Business Innovation and Employment
  • Counsel for various charities threatened with removal from the Charities Register for alleged non-compliance with the Charities Act 2005, including acting as counsel in an appeal to the High Court against a decision of the Charities Registration Board

Contact Simon

Quay Chambers is located on the corner of Quay Street and Commerce Street in the Britomart precinct. We are a short walk from Britomart Train Station, Britomart Car Park and Downtown Car Park. There are also pay and display car parks nearby.

Physical Address:
Level 7, 2 Commerce Street, Auckland 1010

Postal Address:
PO Box 106215, Auckland 1143
DX: CP 18023

Telephone:
+64 9 374 1666

Facsimile:
+64 9 377 5071

Email