Terry Mehigan

Education

• BA (1982) LL.B (1984) LL.M (1990) (Syd. Uni.

Professional

• England & Wales
• Solicitor Advocate (Civil): 1995 (England & Wales)
• Solicitor: 1990 (England & Wales)
• 1985 (NSW)

Qualifications

• BA, University of Sydney (1982)
• LLB, University of Sydney (1984)
• LLM, University of Sydney (1990)

Practice areas

• Arbitration
• Banking litigation
• Corporations law
• Commercial litigation
• Equity
• Insurance and reinsurance
• Financial services
• Product liability
• Professional negligence
• Private international law
• Shipping and maritime law
• Trade practices

Biography

After qualification in New South Wales and three years with Blake Dawson, Terry practised in London for 17 years (mainly as a partner with Herbert Smith between 1994 and 2006) as a commercial litigator and Solicitor Advocate.

In 2007 Terry returned to Australia and joined the New South Wales Bar. He won the inaugural Christopher Gee QC Prize for evidence and advocacy in the May 2007 Bar Practice Course. Since returning to Australia, Terry’s practice has principally focused on the areas of commercial litigation, arbitration, banking law, insurance and reinsurance, and shipping and maritime law.

Directories

 "The complete solicitor", Mehigan was lauded by clients for his "ability to understand the ins and outs of litigation" and for his "creative approach to problem solving" (Chambers 2006-7) "Partner Terry Mehigan is also widely respected in the insurance sector" (Legal 500 (2002-3)) "Terry Mehigan is described by clients as 'very commercial and straight forward'" (Legal 500 (2003-4)). "That the firm is able to handle such a wide-ranging caseload is testament to the high quality of its partners, who include …. Terry Mehigan" (Legal 500 (2004)). Leading individual (insurance and reinsurance) (Legal 500 (2005)).

Cases

Selected cases in which Terry has appeared since returning to Australia:

• Caswell v Sony/ATV Music Publishing (Australia) Pty Ltd [2012] NSWSC 986 – Subpoenas – discretionary factors in granting leave to serve a subpoena outside Australia
• Prepaid Services Pty Ltd & Ors v Atradius Credit Insurance NV [2012] NSWSC 608 – Trade credit insurance – fraudulent misrepresentation and non-disclosures
• Westport Insurance Corporation & Ors v Gordian Runoff Limited (2011) 281 ALR 513

(High Court) (2010) 267 ALR 74 (NSW Court of Appeal) Arbitration – judicial review –

meaning of “manifest error on the face of the award” and “strong evidence of an error of law” (Commercial Arbitration Act 1984 (NSW) s 38) – awards – adequacy of reasons

• Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd (2011) 279 ALR 772 – Arbitration – arbitrability of intellectual property issues involving entitlement to improvements to patented technology
• Watts v Bendigo and Adelaide Bank Limited (No. 3) [2011] FCA 186 – Bankruptcy – creditor’s petition – sequestration orders
• Navios International Inc v Ship Huang Shan Hai [2011] FCA 895 – Admiralty – bail bonds – proposed surety foreign corporation – sufficiency of security
• Commonwealth Games Federation v Fiji Association of Sports and National Olympic Committee - Court of Arbitration for Sport – eligibility of Fijian athletes to compete at the 2010 Commonwealth Games in New Delhi (award published by CAS).
• NSW Self Insurance Corporation v Underwriting Members of Lloyd's Syndicate 179 [2010]
• NSWCA 44 – Insurance and reinsurance - statutory Interpretation — subordinate legislative instruments
• Watts v Adelaide Bank Limited [2009] FCAFC 169 – Corporations – appeal from dismissal of application to set aside statutory demand – bankruptcy – appeal from dismissal of application to set aside bankruptcy notice
• Wingecarribee Shire Council v Lehman Bros Australia Ltd (No 2) [2009] FCA 532 (2009) 72 ACSR 38 - Corporations – Courts power to order production of documents – access to confidential document
• HIH Casualty and General Insurance Limited v General Reinsurance Australia [2008] NSWSC 461 (2008) 15 ANZ Ins Cases 61-764 – Insurance and reinsurance – trade credit policy –whether ‘Trade Credit’ claim outside scope of policy –whether debt a trade related debt
• Towry Law plc v Chubb Insurance Co of Europe [2008] NSWSC 1352 – Insurance – construction and interpretation - rectification –conventional estoppel

Arbitrations

Recent arbitrations have included;

• ICC arbitration in Singapore concerning a CBM gas project in Indonesia
• SIAC arbitration in Singapore concerning the installation of a floating offshore storage facility in Vietnam
• domestic arbitration concerning entitlement to improvements to solar storage technology the subject of pending patent applications

Memberships

• Fellow, Australian Centre for International Commercial Arbitration (ACICA)
• Australian Insurance Law Association
• International Council for Commercial Arbitration
• Transportation, Maritime and Air Law Committee of NSW Bar Association