Nicholas Simone

Nicholas has a broad commercial and insurance litigation practice with a focus on contract, tort, and professional negligence disputes. He regularly appears in all NSW and Federal courts and tribunals, as well as in commissions of inquiry and inquests, both led and unled.

Nicholas has acted for plaintiffs and defendants in commercial, building & construction, professional negligence (financial services, construction, legal and health professionals), general equity, tortious property, and insurance coverage disputes.

Prior to coming to the bar, Nicholas was the associate to Judge Hatzistergos AM of the District Court of NSW and then practised as a solicitor at a national firm with a leading insurance practice

Qualifications

Master of Laws, The University of Sydney, ongoing

Graduate Diploma of Legal Practice, College of Law, 2015

Bachelor of Arts/Laws, The University of Sydney, 2014

Professional experience

Solicitor, Hall & Wilcox Lawyers, 2016 –2020

Associate to Judge Hatzistergos AM, District Court of New South Wales, 2015 – 2016

Membership

NSW Bar Association

Australian Insurance Law Association

Claims Discussion Group

Selected Cases

NSW Court of Appeal

• Gautam v Health Care Complaints Commission [2021] NSWCA 85 (led by M Windsor SC) – disciplinary proceedings; health practitioner misconduct.
• Sharmain Daisy Clarke v Hicksons Lawyers [2021] NSWCA 100 (led by D Lloyd SC) – summary dismissal; professional liability; Vexatious Proceedings Act 2008.

 Supreme Court of NSW

• McGettigan v Coulter & Anor; Coulter & Anor v McGettigan [2021] NSWSC 1097 (led by J Brown) – fraud and forged documents; probate dispute; partnership and lease agreement disputes.
• Sondakh v Herliman [2021] NSWSC 1144 (led by J O’Sullivan) – strike out application.
• Growthbuilt Pty Ltd v Modern Touch Marble & Granite Pty Ltd & Ors [2021] NSWSC 290 (led by R Notley) – building & construction; contractual dispute; delay claim: liquidated damages, prevention principle and penalties.
• Growthbuilt Pty Ltd v Modern Touch Marble & Granite Pty Ltd (No 2) [2021] NSWSC 952 (led by R Notley) – costs; ‘Bullock’ and ‘Sanderson’
• David Do Rosario Conceicao v Carlos Jose Luis Loureiro [2021] NSWSC (unreported 08.06.2021) (unled) – application to withdraw caveat.
• Arys Health Pty Ltd v Le (No 2) [2021] NSWSC (unreported 26.07.2021) (unled) – application to vary injunction.

 Inquests, Inquiries & Royal Commissions

• Inquiry into the Norfolk Island Regional Council [2021] (unled) – departmental public inquiry in the financial management of local government on Norfolk Island; appeared for the Council.
• Inquest into the deaths of John, Jack and Jennifer Edwards [2020] (led by D Lloyd SC) – coronial inquest into manner of death; appeared for a health practitioner.

 Other courts and tribunals

• Various appearances unled and led.