Kim Francis
L18 AIG Building
41 Shortland Street, Auckland
PO Box 304
Auckland 1140
kim.francis@lindsay-francis.com
m +64 21 170 0628
p +64 9 394 7932
Linkedin
vCard
Kim is a leading New Zealand lawyer in the field of complex commercial and regulatory disputes. He has 20 years’ commercial and regulatory litigation experience, including 6 years’ London-based experience in international arbitration. He is known for his rigorous legal approach balanced by pragmatic commercial advice. Kim particularly prides himself on his client-focused approach and developing a litigation strategy to best serve his client’s commercial needs.
Kim joined Tim Lindsay in forming Lindsay & Francis after spending 10 years at a leading New Zealand litigation-specialist firm, including over 6 years as partner.
-
LLB(Hons) BA (VUW), LLM (UCL)
-
Kim is a particular expert in insolvency-related claims and cases against director and auditors, having acted in some of the most recent New Zealand cases in this area. In 2018, Kim acted in two of the “top five cases to watch” in terms of national commercial cases as listed by the National Business Review.
Kim also has significant experience in regulatory disputes, having acted for many of New Zealand’s key regulators including New Zealand’s Commerce Commission, Financial Markets Authority and the New Zealand Transport Agency. These disputes have included complex competition law and securities market regulation issues. Kim has also acted for the Serious Fraud Office, Inland Revenue Department and Ministry of Education.
Since returning to New Zealand from London in 2010, Kim has appeared in many cases in the New Zealand courts including as sole or principal counsel, including at least 20 cases reported for their legal significance. His cases have included:
Representing the liquidators in a claim for over $300 million against the directors and auditors of Property Ventures Ltd (in liquidation). The case was settled shortly before a 12-week trial.
Representing Fuji Xerox NZ in claims against its auditors and three former senior executives concerning significant accounting irregularities amounting to over $350 million.
Acting for parties in complex priority disputes arising out of the collapse of a property development group, including receivership and priority disputes (FTG Securities Ltd v Bank of New Zealand [2019] 3 NZLR 607 (CA); GP96 Ltd v PVG Securities Trustee Ltd (2019) 20 NZCPR 809 (CA); PVG Securities Trustee Ltd v 100 Investments Ltd (2019) 20 NZCPR 280).
Successfully representing the Commerce Commission in a test case concerning consumer credit fees in the High Court, Court of Appeal and Supreme Court (Sportzone Motorcycles v Commerce Commission [2016] 1 NZLR 1024).
Representing a public sector entity in various strike out proceedings involving negligence claims (Party Bus Co Ltd v NZ Transport Agency [2017] 3 NZLR 185; Drive NZ Classic Ltd v LVVTA [2020] NZHC 3015).
Kim also has considerable experience in international and domestic arbitration, including:
Acting on a US$1 billion ICC arbitration concerning a warranty claim arising under a US$5.5 billion deal for the acquisition of a telecommunications group.
Acting on a successful US$500 million LCIA arbitration claim between shareholders in a leading telecommunications company in an emerging market, and subsequent steps to enforce the award including successfully seeking freezing orders in the London Commercial Court.
Acting in a US$180 million fraud claim in the London Commercial Court, including an application for a stay under the Arbitration Act 1996 (UK) on the basis of an arbitration clause.
Successfully obtaining of proceedings commenced in New Zealand in breach of an arbitration clause. The judgment is the leading New Zealand case on the test to be applied in these circumstances (Ursem v Chung [2014] NZAR 1123).
-
Kim is a contributing author to leading texts, Heath & Whale on Insolvency and Morison’s Company Law, and has been an adjunct lecturer at the University of Auckland teaching classes in appellate advocacy. He is a member of the New Zealand Law Society’s Civil Litigation and Tribunals Committee, which consults on the Law Society’s position on civil procedure and litigation issues.
-
Dechert LLP, London (Senior Associate)
Dewey & LeBoeuf, London (Associate)
Debevoise & Plimpton, London (Solicitor, NZ)
Kim has been admitted to the bar in both New Zealand and England &Wales (with Higher Rights of Audience). He obtained his LLM with Distinction from University College London in 2010.
-
