PROFILE

Full Name: Samuel R Horgan QC
Email: horgan@vicbar.com.au
Phone:+61 3 9225 8419
Phone:9225 8043
Secretary:+61 3 9225 8043
Chambers: Owen Dixon Chambers West
Room: 2413
Date of Admission: 29 Feb 1988
Called to the Bar: 26 May 1988
Appointed Silk: 26 Nov 2008
Qualifications: LL.B., B.Sc. (Org. Chem.)

Profile

Sam Horgan practices in all aspects of commercial law. He has particular expertise in shipping, international sale of goods and commodities, competition law and regulated industries (gas, electricity, telecommunications, pipelines), contract law and all aspects of property law.

He accepts briefs at both trial and appellate level in all Australian jurisdictions as well as domestic and international arbitrations.

 

SELECTED CASES
Details of recent cases are provided below. For a full list of significant cases, please refer to the full CV appended below.

(a) General commercial matters

United Petroleum Pty Ltd v Bonnie View Petroleum Pty Ltd [2017] VSC 185, Contract - contamination - loss and damage - bank guarantee

Winky Pop Pty Ltd v Mobil Refining Australia
[2016] VSCA 187, Tort - damage to land - nuisance - damages - diminution in property value. 

Chong & Neale v CC Containers Pty Ltd [2015] VSCA 137, Tort – conspiracy – container service and storage business – evidence – inferences – privilege against self-incrimination.

Cornerstone Hardware Brokers (Australia) Pty Ltd v Methven Australia Pty Ltd [2015] VSCA 128, Contract – variation – proof of loss.

Vic Hotel Pty Ltd v DC Payments Australasia Pty Ltd [2015] VSCA 101, Evidence – waiver of privilege – test for waiver.

 

(b) Admiralty and Martime Law

Chong & Neale v CC Containers Pty Ltd [2015] VSCA 137, Tort – conspiracy – container service and storage business – evidence – inferences – privilege against self-incrimination.

Transfield ER Futures Limited v The Ship “Giovanna Iuliano” [2012] FCA 548, Admiralty – Arrest – forward freight agreements – set aside arrest.

Jebsens International (Australia) Pty Ltd v Interfert Australia Pty Ltd [2012] SASC 50, International arbitration – Shipping and Navigation – Breach of Charterparty – sea carriage document.

Strong Wise Ltd v Esso Australia Resources Pty Ltd (The “APL Sydney”) [2010] 2 Lloyd’s Rep 555; (2010) 185 FCR 149 and 237, Admiralty – Limitation of Liability – Convention – multiple claims arising out of ship’s anchor fouling submarine gas pipeline.

Qenos Pty Ltd v The Ship “APL Sydney” (2009) 187 FCR 282, Shipping and Navigation – Limitation of Liability – consequential loss – pure economic loss.


(c) Regulated Industires / Competition

Applications by CitiPower Pty Ltd and Powercor Australia Ltd
[2017 ] ACompT 4, Energy and resources - Applications for merits review of 2016 EDPR.

Application by Actew AGL Distribution [2017] ACompT 2, Energy and resources - Applications for merits review of 2016 EDPR.

Australian Energy Regulator v Australian Competition Tribunal (No. 2) [2017] FCAFC 79, Administrative law - judicial review - National Electricity Rules.

Applications by Public Interest Advocacy Centre Ltd and Ausgrid [2016] A CompT 1 - Energy and Resources - applications for review of distribution determinations NSW and ACT.

SPI Electricity v Australian Energy Regulator
[2014] FCA 1012 – administrative law – ADJR Act review of regulator’s decision on distributor’s approved budget.

 

(d) Property Law

Caltex Australia Petroluem Pty Ltd v Agtan Pty Ltd
[2017] VSC 593, Contract - construction of lease covenant - relief against forfeiture - damages.

Janney and Foti v Steller Works Pty Ltd
[2017] VSC 363, Tresspass - Airspace nuisance by  crane.

Impact Funds Management Pty Ltd v Roy Morgan Research Ltd
[2016] VSC 221, Leases and tenancies - construction  - repudiation  - relief against forfeiture.

Prowse v Johnstone 
[2015] VSC 621, Real Property - Restrictive covenant - vailidity.


Link to full CV. Download / Print Sam Horgan QC's profile.


Recent Papers delivered

LESSONS FROM PAN’S ODYSSEY
Presented to the Maritime Law Association of Australian and New Zealand – Victorian Branch, March 2008

THE TAMPA 10 YEARS ON – TO RESCUE OR NOT?
Presented to the Company of Master Mariners of Australia as The Boulton Lecture 2011 and to the Victorian Bar CLE December 2011

Areas of Practice

Common Law/Personal Injury

  • Intentional Torts
  • Negligence

Commercial

  • Appellate
  • Competition
  • Contractual Disputes
  • Corporations Law
  • International Commercial Arbitration
  • Partnership Disputes
  • Real Property
  • Restraint of Trade
  • Securities and Investments
  • Transport Law - Admiralty/Aviation/Maritime

Appellate

  • Civil Appeals

Equity

  • Real Property
  • Trusts
  • Wills and Probate

International Law

  • Choice of Law
  • International Commercial Arbitration
  • Public International Law

Also Entitled to Practise in

  • New South Wales
  • Queensland
  • Western Australia

Committee Memberships

  • Chair - Commercial Bar Association - Energy
From 1 Jul 2008, liability limited by a scheme approved under Professional Standards Legislation.


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