


Rhys Dutton
Managing Principal
About
Having advised on some of the most significant and high profile proceedings in both Australia and the United Kingdom, Rhys has built a reputation for excellence in handling high-stakes cases that require a sophisticated and strategic approach.
Rhys is particularly recognised for his leadership in complex litigation, directing multi-disciplinary teams through the intricacies of large-scale disputes. His ability to craft innovative legal strategies and focus on clear, compelling advocacy have earned him the trust of both clients and colleagues.
Recent Cases
Rhys' work includes acting:
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in major international disputes, including:
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for Credit Suisse in defending the ‘Tuna Bonds’ case - a complex multi-jurisdictional dispute brought by the Republic of Mozambique resulting from a series of related US$2.2 billion loan transactions, alleged to have been procured through bribery and corruption;
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in proceedings described in the press as the largest in English legal history, for the BHP Group and other entities in defending claims arising out of the collapse of the Fundão Dam, brought by over 620,000 claimants under Brazilian law in the English Courts;
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in complex proceedings on behalf of various ASX 200 companies, including:
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in complex, multi-party proceedings arising from the collapse of ASX 200 electronics retailer, Dick Smith:
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DSHE Holdings (Receivers & Managers Appointed)(In Liquidation) v Nicholas Abboud (No 3); National Australia Bank v Nicholas Abboud (No 4) [2021] NSWSC 673 (Company and Bank proceedings);
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Findlay v DSHE Holdings Ltd; Mastoris v DSHE Holdings Ltd; Mastoris v Allianz Australia Insurance Ltd [2021] NSWSC 249 (class action settlement approval); and
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DSHE Holdings (Receivers & Managers Appointed)(In Liquidation) v Nicholas Abboud (No 4); National Australia Bank Limited v Nicholas Abboud (No 5) [2022] NSWSC 91 (costs judgment);
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in the defence of a shareholder class action arising from the collapse of Hastie Group, a global ASX 200 construction company: Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) (No 7) [2023] FCA 1273 (and other related judgments);
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in relation to public examinations arising from subsidiaries of an ASX 200 company being placed into administration: In the matter of Northern Energy Corporation Limited [2020] NSWSC 1073;
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on behalf of a major Australian bank in relation to negligent legal advice, the interpretation of stamp duty legislation across all Australian states and territories, and recovery under those Acts and in the context of the Limitation Act 1969 (NSW);
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in the defence of proceedings arising from the collapse of one of Australia's largest managed investment funds with over $1 billion in funds under management: Re LM Investment Management Ltd (in liq) [2022] QSC 132;
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in various Court of Appeal matters, including:
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Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 - in relation to a Judicial review of a refusal to order costs, whether that refusal constituted an ‘order’, and whether a prosecutor had a right of appeal under s 5AA of the Criminal Appeal Act 1912 (NSW);
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Attorney General for New South Wales v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96 - in relation to an appeal in relation to inadequacy of moiety of fine, objective seriousness of offence, whether the Court of Appeal should exercise power to resentence and whether the Supreme Court appropriately exercised its discretion;
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Wharekawa v AEA Constructions Pty Ltd; Building Partners Pty Ltd v AEA Constructions Pty Ltd [2018] NSWSC 684 and NSWCA 176 - a construction entity in relation to the scope of vicarious liability and duty of care, the apportionment of responsibility and damages;
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South Sydney Junior Rugby League Club Ltd v Gazis [2016] NSWCA 8 - in relation to the question of reasonable foreseeability, breach of duty and causation; and
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Kuypers v Ashton Coal Operations Pty Ltd [2014] NSWSC 1276 (and 11 other related, reported matters) in relation to the definition of a coal miner under the Coal Industry Act 2001 (NSW), the result of which necessitated legislative amendment - see the Coal Industry Amendment Bill 2018 (NSW).