Thomas Westaway

L18 AIG Building
41 Shortland Street, Auckland
PO Box 304
Auckland 1140
thomas.westaway@lindsay-francis.com
m +64 27 700 6866
p +64 9 394 7933
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Thomas Westaway is a senior sssociate and widely experienced litigator and arbitration counsel.  Prior to joining the firm, he spent four years as an associate in the London office of a top tier transatlantic boutique litigation and arbitration firm.  He was previously an Assistant Crown Counsel at the Crown Law Office and a Judges’ Clerk at the New Zealand High Court in Auckland.  Thomas has appeared as sole or junior counsel in all levels of the courts of New Zealand (including the Court of Appeal and Supreme Court) and has represented clients in numerous complex and high value international arbitration proceedings.  He graduated from the University of Canterbury in 2012 with a First Class Honours degree in Law and is admitted to practice in New Zealand.  

Thomas has particular expertise in commercial disputes, complex contractual disputes, director and shareholder disputes, worldwide freezing injunctions, energy disputes, international investment treaty disputes, professional negligence claims, banking disputes and public law litigation (including judicial review and human rights). In addition to his experience before the courts, Thomas has represented clients in complex and high value international arbitration disputes including ICC, ICSID and UNCITRAL proceedings. He has acted for local and off-shore companies, foreign governments and states, financial institutions and high net worth individuals.

• Representative Cases

  • Fair trading and consumer protection: Successfully defending Bunnings in a significant and high profile Commerce Commission criminal prosecution under the Fair Trading Act 1986, alleging false and misleading conduct in relation to Bunnings’ “lowest prices” advertising.

  • Pacific Island State Owned Entity: Representing a state owned entity of a pacific island nation in an international arbitration concerning interconnection rights to a sub-sea internet cable infrastructure (AMINZ Rules).

  • Pharma Joint Venture Litigation: Representing at trial a foreign joint venture partner in proceedings against a leading dual NZX and ASX-listed pharmaceutical company in relation to an orphan drug business.

  • Judicial review: Acting for an incorporated society in judicial review proceedings against Auckland Council in relation to non-notification of a resource consent.

  • Judicial review: Acting for New Zealand government departments and agencies in high profile judicial review proceedings before the High Court and Court of Appeal.

  • Human rights: Acting for New Zealand government departments and agencies in relation to human rights matters, including in high profile proceedings before the Court of Appeal and Supreme Court.

  • Infrastructure concession litigation: Representing a leading international infrastructure investor in litigation arising out of the high-profile termination of a long-term infrastructure concession and associated multi-hundred million-dollar compensation payment rights.

  • International Construction Dispute: Acting for an East African government in a FIDIC dispute board proceeding and subsequent UNCITRAL arbitration in a US$30 million dispute regarding the construction of an electricity transmission line (FIDIC, UNCITRAL Rules).

  • International energy dispute: Acting for an East African government in an expert determination and subsequent UNCITRAL arbitration in a high value dispute relating to the extraction of methane gas from a lake (UNCITRAL Rules).

  • Bondholder rights: Acting for bondholders in a multi-billion Euro ICSID arbitration brought against Greece in relation to the state’s actions during the Greek financial crisis and debt exchange.

  • Sports law: Acting for national and Olympic-level sports coaches in employment disciplinary proceedings, media law matters and potential claims for breach of contract and loss of earnings.

  • Worldwide freezing injunctions: Acting for a British Virgin Islands company in court proceedings relating to a USD 2.5 billion worldwide freezing injunction, including applications to vary and set aside the injunction.

• Credentials

  LLB (Hons, First Class), BA (German and Political Science)