Terry MehiganCONTACT DETAILS
Phone: (+61)(02) 9232 6531
Fax: (+61)(02) 9221 7183
Email Terry Mehigan
CLERK: Bob Rymer
Phone: (+61)(02) 9232 4016
Email Bob Rymer
Barrister: 2007 (New South Wales and England)
Solicitor Advocate (Civil): 1995 (England)
Solicitor: 1990 (England & Wales)
Solicitor: 1985 (NSW)
BA, University of Sydney (1982)
LLB, University of Sydney (1984)
LLM, University of Sydney (1990)
Fellow, Australian Centre for International Commercial Arbitration (ACICA)
- Banking litigation
- Corporations law
- Commercial litigation
- Insurance and reinsurance
- Financial Services
- Product liability
- Professional negligence
- Private International law
- Shipping and maritime law
- Trade practices
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.
For further information about Terry, please also see his CV
Terry is a Fellow of the Australian Centre for International Commercial Arbitration (ACICA). He accepts briefs to appear in domestic and international arbitrations. His recent arbitration experience includes:
ICC arbitration as counsel in relation to a dispute between Participants in an iron ore joint venture in Pilbara, Western Australia
SIAC arbitration as counsel for engineering contractor in dispute over performance of an engineering and procurement contract for a polymetallic mining project in Vietnam
ICC arbitration as lead counsel in relation to a dispute between the vendor and purchaser of participating interests in Indonesian oil and gas PSCs over tax indemnities in the sale and purchase agreement
Ad hoc arbitration under UNCITRAL rule as lead counsel for an Indonesian pipeline operator in dispute with shippers over tariff increases under changed tariff regulations promulgated in Indonesia
ACICA arbitration as lead counsel acting for a Philippines gold mining company in dispute with an Australian engineering company over the failure of a semi autogenous grinding mill;
Arbitrations under UNCITRAL Rules (as party appointed arbitrator) in relation to disputes under iron sale contracts between Singaporean sellers and Chinese purchasers;
SIAC arbitration (party appointed arbitrator) involving dispute between Thai and Singaporean shareholders in a joint venture company relating to coal projects in Indonesia;
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; and
A domestic arbitration concerning entitlement to improvements to solar storage technology the subject of pending patent applications.
Terry also has experience and expertise in arbitration related litigation, for example:
Armada (Singapore) Pte Ltd v Gujarat NRE Coke Ltd  FCA 636 (Foster J) – Arbitration – enforcement of LMAA awards - whether constitution of tribunal in accordance with arbitration agreement – whether arbitration agreement of no effect under s 11(2) of the Carriage of Goods by Sea Act 1991 (Cth) and enforcement contrary to Australian public policy
Coeclerici Asia Pte Ltd v Gujarat Coke NRE Ltd  FCA 882 (Foster J) – Arbitration – whether award debtors can resist enforcement of LMAA awards on basis not afforded reasonable opportunity to present case to London tribunal – whether refusal of Commercial Court in London to set aside award on irregularity grounds created estoppel in relation to same issue on enforcement – International Arbitration Act 1974 (Cth), ss 2D, 8, 9, 18C and 39
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.
Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd  NSWSC 1567 – voluntary administration – whether costs award in arbitration after date of voluntary administration a contingent claim before that date – Corporations Act 2001 (Cth) ss 444A(4)(i), 444D(1), 444E(3) and 5553(1)
Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd  NSWSC 1331 – whether recognition and enforcement of parts of arbitral award contrary to public policy – Commercial Arbitration Act 2010 (NSW), ss 35 and 36
- Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd  285 ALR 207 – leave to proceed against company in administration to enforce arbitral award in order to vindicate patent property rights established by award - Corporations Act 2001 (Cth) s 440D