Nicholas Simone

Nicholas was called to the bar in 2020.

Nicholas accepts briefs in all areas of law, but practises principally in insurance, commercial and professional negligence litigation.  Nicholas regularly appears in all NSW and Federal courts and tribunals, both led and unled.

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.

Nicholas has experience acting for defendants and plaintiffs in professional negligence (accounting & financial, building & construction and health professionals), catastrophic property damage, commercial, building & construction and insurance coverage disputes.

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

As a solictor:

• Acted for a building subcontractor in a breach of contract claim relating to waterproofing works in a residential development, at both first instance and on appeal: Sand Ground Engineering Pty Ltd v Super Render Pty Ltd [2020] NSWSC 458
• Acted for receivers in relation to an application for summary dismissal of proceedings relating to historical allegations of breach of fiduciary duty, knowing assistance and breach of confidence: Salmon v Albarran & Ors [2019] NSWSC 243
• Acted for multiple insurers and property owners in multiple Supreme Court of NSW recovery proceedings in relation to catastrophic property damage within the community of Tathra following a bushfire which ignited following a tree falling onto power lines: Creary & Ors v Essential Energy; Tathra Beach Motor Village Pty Ltd & Ors v Essential Energy; Harris & Ors v Essential Energy; Rowland & Ors v Essential Energy
• Acted for a Lloyds of London syndicate in the Insurance List of the Federal Court in relation to an indemnity dispute as to the reasonableness of an insured’s prior settlement of proceedings without the insurer’s consent: Daracon Contractors v Argo Syndicate 1200 At Lloyd’s & Ors
• Acted for electrical engineers in Supreme Court of NSW proceedings, relating to allegations of negligent design and commissioning works following an electrical fire: Global Switch Pty Ltd v Keith Crampton & Ors
• Acted for an insurer and a property owner in Supreme Court of NSW recovery proceedings which ran alongside representative proceedings and which related to catastrophic property damage following a bushfire which ignited at a rural windfarm: Richard Graham & Anor v Infigen Energy Pty Ltd
• Acted for a developer in defence of Supreme Court of NSW recovery proceeding brought by a home warranty insurer in relation to alleged construction defects in several residential developments: AAI Limited t/as Vero Insurance v Nassif Nahas & Anor
• Acted for a council authority in defence of personal injury proceedings in the District Court of NSW relating to the installation of temporary footpath coverings: Susan Abela v City of Sydney Council
• Acted for an officer of a company in relation to allegations she operated as a de facto director and allegations of insolvent trading: In the matter of Swan Services Pty Limited (in liquidation) [2016] NSWSC 1724
• Acted for liquidators in an interlocutory dispute relating to assertions of client legal privilege in documents sought by notices to produce: Hastie Group Ltd (in liq) v. Moore & Ors [2016] NSWSC 1315