Meisha is an experienced litigation practitioner with over 20 years experience in the sector. Her core practice area is general liability and financial lines with a focus on public and product liability claims, professional indemnity claims, professional disciplinary matters and general commercial disputes. Meisha regularly advises and acts for local and state government bodies.
Meisha is skilled at working across the market and has advised and acted for a variety of stakeholders including insurers and reinsurers, third party administrators, insureds with large deductibles or self insured, as well as defendants pursuing cover under a policy. Due to her extensive experience, she anticipates the needs and expectations of her clients, and how these may differ in a commercial context where the insureds are individuals, small medium enterprises, large corporations or government bodies.
Meisha’s technical skills and understanding of the commercial aspects of claims management and litigation allows her to work with her clients to achieve timely and appropriate outcomes that are consistent with their specific protocols and philosophy.
Areas of Expertise
- Personal Injury
- Workers Liability/Recovery
- Property Damage (3rd party)
- Product Liability/Recall
- Coverage (stand alone)
- Professional Indemnity
- Construction & Contract Works
- Public Sector/Education
- Construction & Infrastructure
- Property & Real Estate
- Consumer Goods
- Labour Hire
- Acting for local government in relation to slips and trips on footpaths and roads, incidents in parks, community and child care centres and motor vehicle accidents. Meisha has successfully obtained a number of judgments and settlements in favour of the local government, most recently Meisha successfully defended District Court proceedings against the City of Sydney arising from a slip on a footpath. Meisha, Counsel and the City were able to promptly strategise during the hearing to meet the plaintiff’s last minute change of tact to prove the City’s liability. See Gayford v City of Sydney NSWDC 8 July 2016.
- Acting for local government in claims arising from their role as a Consent Authority and/or Principal Certifying Authority, including a claim arising from building defects associated with the effective height of the building. Meisha recently defended a local council in Supreme Court of NSW proceedings involving a number of defendants which ultimately resolved at mediation (convened over three occasions) for approximately half of the plaintiff’s claim. This was achieved by Meisha being involved in discussions with NSW Fire & Rescue (not involved in the litigation) in relation to the scope of works required to remedy the defects which was the subject of the claim for damages.
- Successfully defending Supreme Court proceedings arising from a fall down the stairs at a bookshop, which included a substantial recovery claim from the workers compensation insurer. In addition to liability, the plaintiff was involved in a number of accidents and medical causation was contested. Indemnity costs were also awarded in favour of Meisha’s client (the occupier) against the plaintiff and the workers compensation insurer arising from offers of compromise served about a year before the hearing. See Dailhou v Kelly; State of NSW v Kelly (No 2)  NSWSC 1207.
- Acting for head contractors and subcontractors in claims arising from personal injury and property damage sustained on construction sites. These claims typically involve multi-defendant parties and most recently Meisha successfully negotiated a 25% contribution from the head contractor for a significantly discounted settlement in circumstances where the issue of supervision and causation was strongly disputed and there were doubts with the extent of damages having regard to the surveillance obtained of the plaintiff’s activities.
- Acting for occupiers of rural property in relation to claims arising from personal injuries sustained by livestock, including a matter where Meisha successfully applied to have a matter dismissed for want of prosecution after the limitation period had expired and in circumstances where the plaintiff repeatedly breached orders for the service of evidence where liability and intoxication were in issue.
- Acting for manufacturers of furniture, bicycles, motor vehicle parts and food in relation to claims for personal injury and property damage. Recently, Meisha successfully obtained a settlement at mediation where it was alleged her client negligently supplied a defective motor vehicle part and other defendants were negligent in servicing the motor vehicle. A satisfying settlement was achieved having regard to the causation issues in dispute and the disputed business interruption claim.
- Acting for host employers and labourer hirers in personal injury claims.
- Acting for a facilities manager in relation to a claim for damages arising from a break-in by an intruder to a shopping centre. This matter is currently in the Supreme Court if NSW involving multi-defendants. A mediation was unsuccessful and the matter is listed for hearing in 2017 with an estimate of 10 days.
- Risk Management Institution of Australasia
- Australia Insurance Law Association
- Claims Discussion Group
- Women in Insurance
- Law Society of NSW