Dr Simon Foote KC

PhD – LLB (Hons) – DipICArb – FCIArb – FAMINZ

Simon was admitted to the bar in 1993 and has practiced as a barrister sole since 2002, taking silk in 2020. He has a wide range of experience including five years as a litigator at Russell McVeagh, two years with the International Arbitration Team at Clifford Chance in London, three years as a Crown Prosecutor and 19 years at the independent bar.

His current litigation practice encompasses general commercial litigation with particular interest and experience in international and domestic arbitration, investment treaty arbitration, construction, fair trading, insurance, insolvency and estate and trust matters.

Simon graduated LLB (Hons) from the University of Canterbury in 1992 and PhD in International Law (Investment Treaty Arbitration) from Victoria University of Wellington in 2020. He also holds a Diploma in International Commercial Arbitration (DipICArb, UK) and is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and the Arbitrators’ and Mediators’ Institute of New Zealand (FAMINZ (Arb)). Simon has been published in the New Zealand Law Journal and contributed a chapter to Evolution in Investment Treaty Law and Arbitration, Cambridge University Press, 2011 (Brown and Miles, ed).

Simon has considerable advocacy experience at all levels of the New Zealand justice system. Recent notable cases (High Court and above) include:

• Laboyrie v Mills (2019 – 2021)
  Lead Counsel for plaintiffs in High Court trial (2019) and Court of Appeal hearing (2021) regarding a family dispute over estate property in Hamilton, which concerned common intention constructive trusts and the Pallant v Morgan equity in New Zealand.

• R v W, X and Y (2021)
  Crown Prosecutor in one month High Court jury trial in respect of indecent assault and obstruction of justice charges brought against a prominent New Zealand businessman and two associates.

• Christiansen v Director-General of Health (2020)
  Judicial review proceedings concerning the exercise of the Director-General’s discretion to grant exemptions to managed isolation on compassionate grounds.

• Argos Froyanes v Chief Executive of Immigration NZ (2020)
  Judicial review proceedings concerning the refusal of Immigration NZ to permit foreign fisherman to enter NZ during COVID restrictions to man Argos’ Ross Sea Patagonian toothfish fishing fleet.

• Sky Scrapers v Zoono (2020 and on)
  Counsel for Sky Scrapers regarding specific performance of contract for exclusive distribution of Zoono sanitiser products in the Middle East.

• Canam Construction v Auckland Trotting Club (2019 – 2020)
  Counsel (with Tom Weston KC) in litigation and arbitration proceedings for Auckland Trotting Club concerning a commercial and residential development at Alexandra Park, Auckland

• McGuire v Secretary for Justice (2019)
  Lead Counsel for the New Zealand Bar Association in the Supreme Court hearing concerning costs awards for self represented litigants.

• McCloy v Gapes
  Lead Counsel for liquidator regarding ownership of equitable interests in a large commercial development in Queenstown.

• McConnell Dowell and Others v Toshiba International
  International commercial arbitration concerning Te Mihi Geothermal Power Plant near Taupo, New Zealand. Simon acted for Toshiba with Tom Weston KC.

• 92 Lichfield v AAI Insurance
  Lead Counsel for AAI in Court of Appeal hearing concerning “interested parties” to insurance policies, binding settlement agreements and statutory demands.

• Prattley Enterprises v Vero Insurance
  Christchurch earthquake case in the High Court concerning the Britten Motorcycle Museum. Simon acted for Vero Insurance with David Goddard KC. Simon was responsible for technical structural engineering and earthquake modelling aspects of the case

• Carter Holt Harvey v Genesis Power and Rolls-Royce
  Simon acted for Genesis Power (with Tom Weston KC) in a 10 month long High Court trial concerning the co-generation power plant at Carter Holt’s Kinleith Pulp and Paper Mill.