Simon Ladd

Profile

Simon is a respected advocate, advisor and mediation counsel.  His approach is intelligent, strategic, clear and pragmatic.  


Simon has a broad regulatory and commercial litigation practice, focusing on competition law, financial regulation under the CCCFA and Financial Markets Conduct Act, insurance law and construction disputes.   His practice also includes contractual, tort, property and leasing disputes.  Over more than 25 years, he has appeared before all courts, in arbitrations, Construction Contracts Act adjudications and acted as counsel in many regulatory investigations.


He is recognised by the major legal directories for dispute resolution, competition, construction and insurance law.  The Legal500 says Simon is an “Experienced litigator and highly strategic. Excellent communicator and always available.”  Chambers says he “maintains an impressive disputes practice …, embracing both litigation and ADR disciplines and extending across a variety of business sectors, including those of aviation, construction, energy and insurance. Viewed in the market as a highly visible and dependable lawyer, he is identified by a client as a ‘highly regarded and competent practitioner.’”


Before joining Shortland Chambers, Simon was a senior partner at Bell Gully.  He joined the firm in 2002 after completing an LLM at the University of Chicago and working in the competition litigation team at Freshfields Bruckhaus Deringer in London.  


Outside practice, Simon is the Director of Research of the Legal Research Foundation, a trustee of the Mackelvie Trust at the Auckland Art Gallery and of the Spencer Mason Trust, and the Chair of the Judicial Tribunal for Athletics New Zealand.

Profile

Simon is a respected advocate, advisor and mediation counsel.  His approach is intelligent, strategic, clear and pragmatic.  


Simon has a broad regulatory and commercial litigation practice, focusing on competition law, financial regulation under the CCCFA and Financial Markets Conduct Act, insurance law and construction disputes.   His practice also includes contractual, tort, property and leasing disputes.  Over more than 25 years, he has appeared before all courts, in arbitrations, Construction Contracts Act adjudications and acted as counsel in many regulatory investigations.


He is recognised by the major legal directories for dispute resolution, competition, construction and insurance law.  The Legal500 says Simon is an “Experienced litigator and highly strategic. Excellent communicator and always available.”  Chambers says he “maintains an impressive disputes practice …, embracing both litigation and ADR disciplines and extending across a variety of business sectors, including those of aviation, construction, energy and insurance. Viewed in the market as a highly visible and dependable lawyer, he is identified by a client as a ‘highly regarded and competent practitioner.’”


Before joining Shortland Chambers, Simon was a senior partner at Bell Gully.  He joined the firm in 2002 after completing an LLM at the University of Chicago and working in the competition litigation team at Freshfields Bruckhaus Deringer in London.  


Outside practice, Simon is the Director of Research of the Legal Research Foundation, a trustee of the Mackelvie Trust at the Auckland Art Gallery and of the Spencer Mason Trust, and the Chair of the Judicial Tribunal for Athletics New Zealand.

Profile

Simon is a respected advocate, advisor and mediation counsel.  His approach is intelligent, strategic, clear and pragmatic.  


Simon has a broad regulatory and commercial litigation practice, focusing on competition law, financial regulation under the CCCFA and Financial Markets Conduct Act, insurance law and construction disputes.   His practice also includes contractual, tort, property and leasing disputes.  Over more than 25 years, he has appeared before all courts, in arbitrations, Construction Contracts Act adjudications and acted as counsel in many regulatory investigations.


He is recognised by the major legal directories for dispute resolution, competition, construction and insurance law.  The Legal500 says Simon is an “Experienced litigator and highly strategic. Excellent communicator and always available.”  Chambers says he “maintains an impressive disputes practice …, embracing both litigation and ADR disciplines and extending across a variety of business sectors, including those of aviation, construction, energy and insurance. Viewed in the market as a highly visible and dependable lawyer, he is identified by a client as a ‘highly regarded and competent practitioner.’”


Before joining Shortland Chambers, Simon was a senior partner at Bell Gully.  He joined the firm in 2002 after completing an LLM at the University of Chicago and working in the competition litigation team at Freshfields Bruckhaus Deringer in London.  


Outside practice, Simon is the Director of Research of the Legal Research Foundation, a trustee of the Mackelvie Trust at the Auckland Art Gallery and of the Spencer Mason Trust, and the Chair of the Judicial Tribunal for Athletics New Zealand.

Additional information

Case History

Competition and Fair Trading

Merger clearance applications

  • Complete Office Supplies Ltd v Platinum Equity LLC and Commerce Commission v Platinum Equity LLC, High Court, Auckland, CIV-2017-404-2019 and 2623, defending proceedings to injunct the acquisition of the Office Max New Zealand business by the owner of the Staples New Zealand business
  • Godfrey Hirst NZ Ltd v Commerce Commission [2017] 2 NZLR 729 (CA) and [2016] 3 NZLR 645 – defending appeal from Commission approval of “two to one” merger of wool scourers
  • Air New Zealand Ltd v Commerce Commission [2004] 3 NZLR 550 – appeal from the Commerce     Commission’s determination of the Air New Zealand / Qantas alliance application

Cartel proceedings

  • Leniency application in relation to equine airfreight services
  • Commerce Commission v Barfoot & Thompson [2016] NZHC 3111 – penalty hearing (for Ray White)
  • Commerce Commission v Carter Holt Harvey Ltd [2014] NZHC 513 – penalty hearing
  • Commerce Commission v Air New Zealand Ltd (2013) 13 TCLR 618 – penalty hearing
  • Schenker AG v Commerce Commission (2013) 22 PRNZ 286 (CA) – access to Court files (for Air New Zealand)
  • Commerce Commission v Air New Zealand Ltd (2011) 9 NZBLC 103,318 – trial of market definition issues
  • Air New Zealand Ltd v Commerce Commission, High Court, Auckland, CIV-2008-404-8352, 21 October 2009, Andrews J – judicial review of the Commission’s exercise of its statutory powers
  • Commerce Commission v Koppers Arch Wood Protection (NZ) Ltd, High Court, Auckland, CIV-2005-404-2080, 4 October 2006, Williams J – penalty hearing

Fair Trading Act

  • Commerce Commission v Brand Developers Ltd [2022] NZDC 1580 - extended warranties prosecution
  • Commerce Commission investigation and settlement for ASB Bank Ltd concerning interest rate swaps – https://comcom.govt.nz/case- register/case-register-entries/asb-bank-limited-asb
  • Commerce Commission v TMG Asia Pacific Pty Ltd, unreported, District Court at Auckland – television advertising of “text and win” services

Banking and Financial Regulation

Insurance

  • Settlement of claims for Vero Insurance New Zealand Ltd and panel members arising from the Christchurch and Kaikoura earthquakes – CentrePort (Ports of Wellington and property portfolio), KiwiRail, NZDF, Pernod Ricard, and Statistics NZ
  • Expert determination between Vero Insurance New Zealand Ltd and DPL Insurance Ltd before Alan Galbraith QC, award 14 December 2018
  • Lincoln University v Vero Insurance New Zealand Ltd and others, High Court, Christchurch, CIV2017-409-00045 (settled after mediation)

Construction, land and property

  • Lendlease Capital Services Ltd v Arena Living Holdings Ltd [2021] NZCA 386 and [2020] NZHC 587 and 1308 – breach of warranty claim in relation to watertightness defects at retirement villages
  • CCA adjudications for Downer New Zealand Ltd and Library Lane Development LP
  • Auckland International Airport Ltd v Air New Zealand Ltd – rent review arbitration before Alan Galbraith QC and Peter Mahoney (arbitrators) and Jane Anderson QC (umpire), award 29 January 2020
  • Mediations for Hawkins Construction and Hiway Group – concerning outstanding payments to contractors
  • Defending watertightness and defective building claims for Downer New Zealand Ltd in the High Court, Auckland – Sylvia Park Business Centre, City Gardens Apartments, Nautilus Apartments, Ascent Apartments, and Washington Apartments (settled at mediation)
  • Body Corporate 330324 v Auckland Council [2015] NZHC 1232 and 1485 – defective apartment building claim for Downer New Zealand Ltd
  • Westgate Town Centre Ltd v Stride Property Ltd, arbitration before Rt Hon Sir Peter Blanchard – concerning development obligations at Westgate Town Centre, award 26 January 2016
  • Te Rapa Outlet Centre Ltd v The Base Te Rapa Ltd, High Court, Hamilton, CIV 2008-419-001428, 21 November 2008, Pankhurst J – defending injunction application in relation to development rights and building access at The Base Shopping Centre

Commercial, contract and civil litigation

  • Intellihub Ltd v Genesis Energy Ltd [2020] NZCCLR 29 (CA) and [2020] 3 NZLR 230 (HC) – interim injunction application; [2020] NZHC 3076 – appeal from determination of Electricity Authority
  • Smith v Fonterra Co-Operative Group Ltd and others [2021] NZCA 552 and [2020] 2 NZLR 394 and [2020] NZRMA 422 – defending climate change claims asserting novel private law duties in tort, for Genesis Energy Ltd
  • Sharma v Air New Zealand Ltd [2020] NZHC 1656 – defending mandatory injunction application seeking to compel Air New Zealand to carry the plaintiff
  • New Zealand Exchange Ltd v BNZ Ltd [2009] 1 NZLR 145 (SC), [2008] NZCA 25 and [2007] 1 NZLR 663 – acting for the BNZ to pursue novel duties of care against the inspectors of the Stock Exchange arising from the collapse of Access Brokerage

Company (schemes of arrangement)

  • Re Trade Me Group Ltd [2019] NZHC 840
  • Re Nuplex Industries Ltd [2016] NZHC 1677
  • Re Millennium & Copthorne Hotels New Zealand Ltd [2014] NZHC 1616

Documents

Competition and Fair Trading

Merger clearance applications

  • Complete Office Supplies Ltd v Platinum Equity LLC and Commerce Commission v Platinum Equity LLC, High Court, Auckland, CIV-2017-404-2019 and 2623, defending proceedings to injunct the acquisition of the Office Max New Zealand business by the owner of the Staples New Zealand business
  • Godfrey Hirst NZ Ltd v Commerce Commission [2017] 2 NZLR 729 (CA) and [2016] 3 NZLR 645 – defending appeal from Commission approval of “two to one” merger of wool scourers
  • Air New Zealand Ltd v Commerce Commission [2004] 3 NZLR 550 – appeal from the Commerce     Commission’s determination of the Air New Zealand / Qantas alliance application

Cartel proceedings

  • Leniency application in relation to equine airfreight services
  • Commerce Commission v Barfoot & Thompson [2016] NZHC 3111 – penalty hearing (for Ray White)
  • Commerce Commission v Carter Holt Harvey Ltd [2014] NZHC 513 – penalty hearing
  • Commerce Commission v Air New Zealand Ltd (2013) 13 TCLR 618 – penalty hearing
  • Schenker AG v Commerce Commission (2013) 22 PRNZ 286 (CA) – access to Court files (for Air New Zealand)
  • Commerce Commission v Air New Zealand Ltd (2011) 9 NZBLC 103,318 – trial of market definition issues
  • Air New Zealand Ltd v Commerce Commission, High Court, Auckland, CIV-2008-404-8352, 21 October 2009, Andrews J – judicial review of the Commission’s exercise of its statutory powers
  • Commerce Commission v Koppers Arch Wood Protection (NZ) Ltd, High Court, Auckland, CIV-2005-404-2080, 4 October 2006, Williams J – penalty hearing

Fair Trading Act

  • Commerce Commission v Brand Developers Ltd [2022] NZDC 1580 - extended warranties prosecution
  • Commerce Commission investigation and settlement for ASB Bank Ltd concerning interest rate swaps – https://comcom.govt.nz/case- register/case-register-entries/asb-bank-limited-asb
  • Commerce Commission v TMG Asia Pacific Pty Ltd, unreported, District Court at Auckland – television advertising of “text and win” services

Banking and Financial Regulation

Insurance

  • Settlement of claims for Vero Insurance New Zealand Ltd and panel members arising from the Christchurch and Kaikoura earthquakes – CentrePort (Ports of Wellington and property portfolio), KiwiRail, NZDF, Pernod Ricard, and Statistics NZ
  • Expert determination between Vero Insurance New Zealand Ltd and DPL Insurance Ltd before Alan Galbraith QC, award 14 December 2018
  • Lincoln University v Vero Insurance New Zealand Ltd and others, High Court, Christchurch, CIV2017-409-00045 (settled after mediation)

Construction, land and property

  • Lendlease Capital Services Ltd v Arena Living Holdings Ltd [2021] NZCA 386 and [2020] NZHC 587 and 1308 – breach of warranty claim in relation to watertightness defects at retirement villages
  • CCA adjudications for Downer New Zealand Ltd and Library Lane Development LP
  • Auckland International Airport Ltd v Air New Zealand Ltd – rent review arbitration before Alan Galbraith QC and Peter Mahoney (arbitrators) and Jane Anderson QC (umpire), award 29 January 2020
  • Mediations for Hawkins Construction and Hiway Group – concerning outstanding payments to contractors
  • Defending watertightness and defective building claims for Downer New Zealand Ltd in the High Court, Auckland – Sylvia Park Business Centre, City Gardens Apartments, Nautilus Apartments, Ascent Apartments, and Washington Apartments (settled at mediation)
  • Body Corporate 330324 v Auckland Council [2015] NZHC 1232 and 1485 – defective apartment building claim for Downer New Zealand Ltd
  • Westgate Town Centre Ltd v Stride Property Ltd, arbitration before Rt Hon Sir Peter Blanchard – concerning development obligations at Westgate Town Centre, award 26 January 2016
  • Te Rapa Outlet Centre Ltd v The Base Te Rapa Ltd, High Court, Hamilton, CIV 2008-419-001428, 21 November 2008, Pankhurst J – defending injunction application in relation to development rights and building access at The Base Shopping Centre

Commercial, contract and civil litigation

  • Intellihub Ltd v Genesis Energy Ltd [2020] NZCCLR 29 (CA) and [2020] 3 NZLR 230 (HC) – interim injunction application; [2020] NZHC 3076 – appeal from determination of Electricity Authority
  • Smith v Fonterra Co-Operative Group Ltd and others [2021] NZCA 552 and [2020] 2 NZLR 394 and [2020] NZRMA 422 – defending climate change claims asserting novel private law duties in tort, for Genesis Energy Ltd
  • Sharma v Air New Zealand Ltd [2020] NZHC 1656 – defending mandatory injunction application seeking to compel Air New Zealand to carry the plaintiff
  • New Zealand Exchange Ltd v BNZ Ltd [2009] 1 NZLR 145 (SC), [2008] NZCA 25 and [2007] 1 NZLR 663 – acting for the BNZ to pursue novel duties of care against the inspectors of the Stock Exchange arising from the collapse of Access Brokerage

Company (schemes of arrangement)

  • Re Trade Me Group Ltd [2019] NZHC 840
  • Re Nuplex Industries Ltd [2016] NZHC 1677
  • Re Millennium & Copthorne Hotels New Zealand Ltd [2014] NZHC 1616

Publications and Seminars
  • NZLS Commercial Case Law Intensive, “Confidentiality in Regulatory Investigations”, November 2019, with Ben Hamlin
  • “Cartel criminalisation – rebel without a cause” [2013] CSLB 43, with Sam Hiebendaal
  • “When less is not more - access to Court files and 'follow-on' litigation”, NZLawyer 213, 26 Jul 2013: 11
  • “Information exchanges - the ABCs of 'hub and spoke' arrangements” NZLawyer 203, 8 Mar 2013:11
  • “A bumpy road to a dead end”, NZLawyer 199, 14 Dec 2012: 12, with Andy Glenie
  • “Exporting jurisdiction (2): more on the liability of foreign parents under the Commerce Act”, NZLawyer 195, 19 Oct 2012, with Andy Glenie
  • “Competing concerns - private litigant access to leniency materials”, NZLawyer 183, 4 May 2012: 14, with Sam Hiebendaal
  • “Overseas defendants and the long (jurisdictional) arm of the law”, NZLawyer 177, 10 Feb 2012, with Cecilia Milne
  • “Commerce (Cartels and Other Matters) Amendment Bill”, NZLawyer 173, 15 Nov 2011: 20-21
  • “Cartel criminalisation - a well designed sledgehammer to crack a nut?” NZLawyer 165 29 Jul 2011:12
  • “Commerce Act penalties - the bigger they are, the harder they fall?”, NZLawyer 159, 6 May 2011: 15, with Richard Flanagan
  • “Restrictive trade practices - the legislative noose tightens”, NZLawyer 149, 12 Nov 2010: 12
  • “Cartel criminalisation - where Australia stands we stand?” NZLawyer 131, 5 Mar 2010:18-19
  • “Cartels, leniency, markers, and double-dip dobbing”, NZLawyer 123, 16 Oct 2009: 12, with Jenny Stevens
  • “Commerce Act penalties - no (commercial) gain, but plenty of pain?”, NZLawyer 193, 21 Sep 2012: 12-13
  • “Advance Australia fear - jail for cartel conduct”, NZLawyer 117, 24 Jul 2009: 14-15, with Kirsten McMeekin
  • “No confidence in confidentiality orders”, NZLawyer 97, 19 Sep 2008: 14-15
  • NZLS Seminar Using the Bill of Rights in Civil and Criminal Litigation, “The Role of the Bill of Rights during the investigative stage of a regulatory investigation”, July 2008, with Roger Partridge and Jesse Wilson
  • “Search and seizure in the commercial regulatory context”, NZLawyer 93, 25 Jul 2008: 14-15, with Roger Partridge and Jesse Wilson
  • “Closer enforcement relations”, NZLawyer 83, 7 Mar 2008: 10
  • “Serious cartel conduct - coming to a jail near you?” NZLawyer 81, 8 Feb 2008: 16
  • “Received in confidence [protection of company confidential and commercially sensitive information]”, NZLawyer 67, 22 Jun 2007: 16-17, with Roger Partridge
  • Legal Research Foundation Conference, “The Modern Reality of Dealing with the Commercial Regulators”, “The Commerce Commission’s Power to Search – Protecting Privilege and Minimising Risks”, 29 September 2006, with Roger Partridge

Professional Activities
  • 2009-present       Legal Research Foundation
                                  Director of Research, 2020-present
  • 2019-present        Chair of Judicial Tribunal, Athletics New Zealand
  • 2020-present        Trustee, Mackelvie Trust, Auckland Art Gallery
                                   Toi o Tāmaki
  • 2021-present         Trustee, Spencer Mason Trust

Qualifications

2021     Barrister sole

2001     Admitted, England and Wales

1995     Admitted, New Zealand

2000    LLM, Chicago

1996     LLB (Hons), Auckland

1994     BA (Economics), Auckland

Simon
Ladd
simon.ladd@shortlandchambers.co.nz
+64 21 920 508
+64 9 306 2774
Shortland Chambers