Bachelor of Arts, University of New South Wales

Bachelor of Laws, University of New South Wales (University Medal)

Professional experience

Solicitor, King Wood Mallesons (formerly Mallesons Stephen Jaques)

Solicitor, Baker & McKenzie, Hong Kong

Associate to Justice Beaumont, Federal Court


“an excellent counsel … very proactive, diligent and incisive”

(the opinion of a solicitor, who is an Accredited Specialist in Commercial Litigation, who has briefed Simon in many matters, including in the Supreme Court Construction & Technology List.  Solicitor’s name can be provided on application.)

Selected Cases

Simon was briefed on behalf of the State of New South Wales, the Minister administering the National Parks & Wildlife Act, 1974 and the Roads and Traffic Authority as the second most senior counsel in 30 (primarily) corporate claims arising out of the Thredbo landslide. Those claims were principally for pure economic (business interruption) loss, but also included property damage and claims for nervous shock. The matters involved complex procedural, factual, technical and legal issues and drew from a large factual background founded in over 20 years of administration of parts of Kosciuszko National Park and the longest inquest in Australian history. In the matter Simon was assisted by 4 junior counsel. The hearing regarding issues pertaining to liability, only, took over 115 days before adjourning to mediation.

Other notable cases in which he has been involved include:

  • Murray Morgan Investments v Capma Pty Ltd [2016] NSWSC 264, Hidden J – successful application by the wife to transfer proceedings for possession of property occupied by the wife to the Family Court for determination in proceedings between the husband and wife regarding matrimonial property.  Opposed by Senior Counsel;
  • Realcover Insurances Pty Ltd v Arthur J Gallagher (Aus) Pty Ltd [2015] NSWSC 1986, Stevenson J – on behalf of the defendant insurance broker, successfully opposed application for preliminary discovery;
  • Leto v Coffey Projects (Australia) Pty Ltd [2015] NSWSC 1896, Young J – on a separate hearing, successfully opposed defence founded in the principle of Anshun estoppel, as well as applications to dismiss for want of prosecution and for security for costs.  Appeared with a Junior Counsel against Senior Counsel;
  • Cartwright v Cartwright successful applications to Bergin CJ in Eq on inter partes hearings for freezing orders against individuals, a company and third parties;
  • Purnell Motors Pty Ltd v Jones (No 2)[2014] FCCA 1617 – secured summary dismissal of the bankrupt’s applications to extend the time to apply to set aside the sequestration order made against him, and for orders to set it aside and for annulment of his bankruptcy also securing an order for indemnity costs;
  • Re: Jones; Ex Parte Purnell Motors Pty Ltd – secured sequestration order against the judgment debtor (based on judgment for costs);
  • State of New South Wales & Anor ats Warragamba Winery Pty Ltd & Ors [2012] NSWSC 701 – successful defence of claims by 25 plaintiffs for property loss suffered when a bushfire escaped from Blue Mountains National Park across Warragamba Dam. The hearing occupied 89 days. The transcript was in excess of 6000 pages and the judgment exceeded 700 pages;
  • Jones v Purnell Motors Pty Ltd & Anor [2010] NSWDC 82 – despite the Defendant admitting negligent conduct, successful defence of claim for 36 separate heads of loss in an 8 day hearing, with extensive and detailed written submissions, and obtained an order for costs. Secured freezing orders against the prospective judgment debtor (with respect to the prospective judgment re costs of the Defendant) and third parties to whom he had transferred real property;
  • Permanent Custodians Ltd ats Spina [2008] NSWSC 561, Hammerschlag J – opposed the application by Senior & Junior Counsel for relief under the equitable principles of unconscionable conduct and under the Contracts Review Act and on the basis of absence of authority of an attorney purporting to exercise authority under a power of attorney. The matter is notable for Hammerschlag J’s conclusion, in construing the power of attorney the subject of those proceedings, that Austin J wrongly did so in the then recent proceedings, Spina v Conran Associates Pty Ltd; Spina v Endurance Pty Ltd [2008] NSWSC 326;
  • McArthur & Anor ats Westpac Banking Corporation [2007] NSWSC 1347, Barrett J – briefed to appear on behalf of two principals of a group of transport companies, the McArthur Group, who the Bank contended had defrauded it and to advise them in their capacities as directors and shareholders, generally. The directors had appointed an administrator and the Bank had, in turn, appointed receivers to (some of the) companies in the Group. Drivers of the Group’s trucks were employed by an overseas hire company and there was media coverage of picketing by drivers. Austin J made freezing orders against the directors, ex parte.  At short notice Simon appeared on the first return of the motion and then appeared, opposed by Senior & Junior Counsel for the Bank and the receivers, on the inter partes hearing. The Second Defendant (for whom Simon appeared) opposed the continuation of the ex parte freezing orders. On the inter partes hearing Barrett J declined to continue the orders against him. Thereafter, another financial institution appointed receivers to real property of another company in the Group and a provisional liquidator was appointed to the company in the Group, which owned the real property;
  • Toda & Ors ats Parbery [2007] NSWSC 1163, Barrett J – appeared on the return of notices for production issued by the receivers of real property under s 431 of the Corporations Act to a solicitor, the company and the directors. Opposed by Senior Counsel. Barrett J ordered the Plaintiffs to pay the costs of the defendants, for whom Simon appeared, and further ordered that those costs not be recovered from any person who had guaranteed or secured the company’s liability to the financial institution or as costs of the receivership;
  • State of New South Wales ats Atkinson & Ors – defence of a claim by 31 plaintiffs for property and consequential economic loss suffered by their farming enterprises when a bushfire escaped from the adjoining National Park;
  • Greater Taree City Council & Ors ats Various Plaintiffs – sixteen proceedings in the District Court involving claims by a total of 30 proprietors for pure economic loss, property damage, personal injury and consequential damage as a result of flooding, in which he was briefed to appear with junior counsel on behalf of engineers engaged in respect of subdivision of the subject area;
  • New South Wales ats Van der Lee [2002] NSWCA 286;
  • Westpac Banking Corporation v Bagshaw [2001] FCA 1847;
  • Westpac Banking Corporation v Bagshaw [2000] NSWSC 650 – extended hearing in which he appeared alone;
  • Advance Fitness Corporation v Bondi Diggers Memorial & Sporting Club Limited [1999] NSWSC 264;
  • State Bank of New South Wales v Elliott u/r 18/6/98 SCNSW, Sperling J – 25 day hearing in which he appeared alone;
  • Ivy & Anor ats Elliott & Ors 23/4/98 SCNSW BC9801316;
  • Hornsby Shire Council ats Avenhouse (1998) 44 NSWLR 1;
  • Boddington v Southern Mitchell County Council – opposed by Clarrie Stevens QC and a senior junior – extended assessment of business interruption loss in proceedings commenced in the Commercial Division;
  • Falgat Constructions ats Perna u/r SCNSW, Rolfe J – appearing alone successfully resisted appeal from award – opposed by Simpson of Queens Counsel, as she then was;
  • Falgat Constructions v Perna – extended building arbitration involving approximately 50 oral variations – appeared alone;
  • University of Newcastle v GIO General Limited (1995) 8 ANZ Insur Cas 61-281;
  • Hawkesbury Valley Developments Pty Ltd v Custom Credit Corporation Ltd (1994) 6 BPR 14,053; (1994) 8 BPR 15,581; [1995] ANZ Conv R 361; (1995) NSW Conv R 55-731 – appearing alone opposed Taylor SC, who appeared with Junior Counsel;
  • Mineral & Chemical Traders Pty Limited v Tymczszyn Pty Limited (1994) 15 ACSR 398; (1994) 13 ACLC 40;
  • Siromath Pty Limited (1991) 9 ACLC 1580;
  • State Bank of New South Wales v Alexandrou SCNSW, Rolfe J;
  • Continental Conveyor & Equipment Pty Limited v Williams SCNSW – BC 200102438;
  • Re Smiles; ex parte Inspector General in Bankruptcy, 9/7/97, Fed Court (NSW) BC 9702995; and
  • Banque Brussels Lambert SA v Australian National Industries Limited (1989) 21 NSWLR 502.

Other significant matters in which Simon was briefed alone and which resolved prior to judgment include:

  • Macquarie Corporate Finance ats Agricultural Equity Investments Pty Limited – NSW Supreme Court, Equity Division – Briefed alone in defence of a claim for $18m founded in claimed misuse of information communicated in confidence and involving significant issues regarding alleged loss;
  • Westpac Banking Corporation v Stockett – NSW Supreme Court, Commercial Division – Briefed alone in claim for recovery of approx $15m involving significant cross security;
  • State Bank of New South Wales v Campion & Ors – NSW Supreme Court – claim for recovery of Swiss franc loan of equivalent value to multi million Australian dollars; and
  • State Bank of New South Wales v Hafo Pty Limited – NSW Supreme Court – claim for recovery of Swiss franc loan of equivalent value to multi million Australian dollars.

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