Kyna Foo

Full Profile

Kyna is a Senior Associate in our Sydney office since April 2022. She has experience in the construction, engineering and infrastructure sectors.

Kyna specialises in all forms of dispute resolution including litigation, arbitration, adjudication, mediation and expert determination. Kyna has also extensive experience providing advice during project delivery and was seconded to a client to assist with project delivery and completion.

Kyna is admitted as a solicitor in Australia. Prior to joining Clyde & Co in April 2022, Kyna worked for construction legal practices in Australia and legal practices in Singapore. She had also worked briefly as an engineer for Herrenknecht AG, a German company that manufactures tunnel boring machines.

Kyna has been listed in the Doyle's Guide, Construction Law Rising Stars, New South Wales, 2022.

Experience

• Acting for a joint venture in respect of the delivery of a multibillion-dollar PPP infrastructure project in Sydney, including providing advice on various legal issues, assisting with downstream contracts, and preparing project management training.
• Successfully acted for Acciona Infrastructure Australia Pty Ltd in an application in the NSW Supreme Court to set aside a statutory demand (In the matter of Acciona Infrastructure Australia Pty Limited [2019] NSWSC 1156).
• Secondment to contractor client to assist with delivery and closing of project.
• Review and drafting of contracts for infrastructure project in Melbourne.
• Successfully acted for a heavy engineering contractor in proceedings in the NSW Supreme Court against its client regarding the assembly and manufacture of army vehicles (Baker & Provan Defence Pty Limited v Supacat Pty Ltd [2020] NSWSC 720).  
• Successfully acted for a contractor against NSW Department of Education in expert determination proceedings for various projects.
• Acted for contractor against Health Infrastructure NSW in NSW Supreme Court proceedings and successfully negotiated favourable settlement terms.
• Successfully acted for a contractor against a Council in proceedings in the NSW Supreme Court regarding unpaid variations and extension of time claims. (Payce Communities Pty Ltd v Canterbury-Bankstown Council [2021] NSWSC 331). 
• Acting for a contractor in respect of adjudication and arbitration proceedings against its subcontractor on a solar farm project.
• Providing advice to contractor in respect of construction of a wind farm.