Simon PhilipsCONTACT DETAILS
Phone: (+61)(02) 9223 8233
Fax: (+61)(02) 9223 3710
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Barrister: February 2002
Solicitor: December 1995
BA, LLB (Hons), University of Sydney
Grad Dip Legal Prac, University of Technology, Sydney
- Corporate insolvency
- Professional Negligence
- Sports Law
- Building & Construction
- Corporations Law
- Family Provision/Probate Law
Simon first commenced practice in 1995 as a solicitor with Phillips Fox (now DLA). He later moved to Minter Ellison before coming to the Bar in February 2002, where he is now a barrister of more than 12 years standing.
Simon is an experienced advocate who is able to advise on and appear in a wide array of matters and issues. He has appeared in the NSW Court of Appeal on a number of occasions in a variety of matters. He has extensive experience in claims for breach of contract and equity, and has significant expertise in insurance, building and construction, leases, and property law.
Selected cases in which Simon has appeared include:
Property and Damages
- Macquarie International Health Clinic Pty Ltd v Sydney Local Health District (NSWSC 2014-2015) Kunc J (judgment reserved)
Appeared with Robert Dubler SC in a lengthy (more than 100 hearing days) and complex hearing on an Inquiry as to Damages suffered by a wrongfully dispossessed tenant (private hospital developer/operator) kept out of a development site for a 15 year period. The hearing involved expert evidence from more than 20 expert witnesses across a variety of disciplines, including forensic accounting, town planning, quantity surveying, hospital design, construction and fit out, and property and share valuations. Judgment is anticipated during 2016.
- Gelledge v Gelledge  FamCA 641
Appeared with John Lloyd SC for the applicant in proceedings concerning the valuation of the assets in a nursing home business.
- Granville and Districts Soccer Football Association Inc. & Anor v Parramatta Melita Eagles Sports Club Limited  NSWSC 1633 (Brereton J)
Appeared for a sporting club in proceedings arising from a dispute with its sub-lessee (another sporting body) (subsequently resolved) as to the terms of the sub-lease of a football stadium.
- Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service  NSWCA 268; 15 BPR 28,563
Appeared with Noel Hutley SC and Robert Dubler SC in a successful appeal in relation to a claim by a tenant under s 129 of the Conveyancing Act and for breach of an express utmost good faith term in a 99 year lease.
- Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service  NSWSC 738;  NSWSC 629;  NSWSC 1139
Appeared with Robert Dubler SC in long running proceedings by a dispossessed tenant against the landlord under a 99 year lease, seeking possession and damages for trespass, breach of s 129 of the Conveyancing Act and for breach of an express contractual term to act with utmost good faith.
- Bowden v Bowden NSWSC (November 2015) Robb J, judgment reserved (anticipated mid 2016)
Appeared with Michael Willmott SC for the defendants in proceedings brought in the Supreme Court of NSW seeking an accounting arising from the distribution of a deceased estate and sale (and re-purchase) of a hotel.
- Lahoud v Lahoud  NSWSC 623;  NSWSC 1297
Appeared with Martin Einfeld QC in a successful application for specific performance and minimisation of damages.
- FNET v Laksanabencharong  NSWSC 708
Appeared for plaintiff in successful claim for injunction to restrain the misuse of confidential information.
- St George Soccer Football Club Inc v Soccer NSW Ltd  NSWCA 481; NSWSC 1288 Council of City of Botany Bay v Soccer NSW Ltd  NSWSC 1262
Appeared with Peter Biscoe QC and Tim Hale SC respectively in applications for injunctions against a sporting body from treating as valid decisions to exclude member clubs from competitions and for damages for breach of contract and the Trade Practices Act for inconsistently applying membership criteria.
- Wass Management Pty Ltd t/as Corporate & Strategic Solutions v Preston (NSW) Pty Ltd (District Court, March 2013, Gibb DCJ, unreported) Appeared for the defendant in successfully resisting a claim for "success" fees under a contract in respect of consultancy services.
- Leduva Pty Ltd v NM Structural Engineering Pty Ltd  NSWSC 1164
Successfully opposed an appeal from a decision of the Local Court in a contract claim for unpaid fees by engineer.
- Garth Barnett Interior Design Pty Ltd v Ellis  NSWCA 193 (29 June 2009)
Successfully opposed an appeal from a decision of the District Court to grant preliminary discovery in a claim in contract.
- European Hire Cars Pty Ltd v Armstrong  NSWSC 629
Appeared with Des Fagan SC in a successfully defended claim in contract against the executor of an estate.
- In the matter of Dungowan Manly Pty Ltd (in liq)  NSWSC 915 (10 July 2015) and In the matter of Dungowan Manly Pty Ltd (in liq)  NSWSC 491 (1 May 2015) (Black J)
Appeared for a firm of solicitors defending (successfully) proceedings brought by a company in liquidation and former clients in relation to a mortgage over a strata title property and for unpaid fees, as well as in related proceedings brought in the District Court.
- Prime City Investments Pty Ltd v Paul Jones & Associates Pty Ltd  NSWSC 2
Appeared for the defendant in an application to set aside a statutory demand under s459G of the Corporations Act.
- Sundararajah v Teachers Federation Health Ltd  FCA 1031; 283 ALR 720
Successful defence of proceedings brought (initially in the Supreme Court then the Federal Court) by a dentist against a health fund for the alleged wrongful termination of contract and misuse of market power under s 46 of the Trade Practices Act
- MMAL Rentals Pty Limited & Ors v Bruning  NSWCA 451; 63 NSWLR 167
Appeared with G Lindsay SC (as His Honour then was) in a successful appeal/cross appeal in a shareholder oppression and company valuation claim.
- Fitzroy v Intek Construction & Ors (2010-2014) District Court of NSW; Gibb DCJ (settled mid hearing)
Appeared for a structural steel installation company in long running proceedings commenced by a homeowner against a builder, engineer, coatings manufacturer and installer for damages for breach of contract, negligence and product liability.
- Su v So; Verekers Lawyers v So  NSWCA 119
Successfully opposed an appeal from a decision of the District Court in a claim against a firm of solicitors.
- K & J Acquisitions Pty Ltd v Manauzzi  NSWSC 279 (Kirby J)
Appeared for a firm of accountants in proceedings brought by former clients alleging professional negligence.
- Director, Football NSW Ltd (2011 - 2016)
- Life Member, Sydney University Soccer Football Club
- Member, NSW Bar Football Club