Barry.Nilsson. Lawyers

Absence makes the heart grow fonder: whether insurer only entitled to decline indemnity if the absence of a prudent lender clause caused the loss

7 February 2019 | Insurance Issues

The court held an insurer was not entitled to decline indemnity under a professional indemnity policy because of a valuer’s failure to include a Prudent Lender clause in a valuation report in contravention of a policy exclusion. In Issue Whether a..

Driver involved in fatal accident fails in claim for damages

7 February 2019 | State & Local Authorities

Barry.Nilsson. successfully defended[1] a claim brought against Brisbane City Council (along with the occupier and architect) following a tragic accident in the carpark of Hungry Jack’s Annerley in April 2012. As the plaintiff entered the carpark he

Sunshine after the storm: $7M win for insured in property damage/BI appeal

4 February 2019 | Insurance Issues

The NSW Court of Appeal partially allowed an appeal from an insured, and dismissed a cross appeal by the primary insurer in a complex property damage and business interruption case. In doing so it considered the requirements for granting equitable relief.

WHODUNIT? The mystery surrounding a green truck, a rock and a knee injury!

4 February 2019 | Transport

On 25 November 2014 at around 6:20am, Glenn Garside (the plaintiff) was hit by a rock-like object (the rock) while he was riding his motorbike on a highway in Emerald, Queensland. He alleged that the rock flew off the top of a JJ Richards truck, bounced..

Mental health and autonomy in the workplace

4 February 2019 | Employer's Liability

The Queensland Supreme Court considers the adequacy of systems in place for supporting the mental health of front-line responders. In Issue Whether an employer should require workers with suspected mental health issues to undergo interventions such as...

Plaintiff’s evidence accepted despite failure to report

1 February 2019 | Employer's Liability

In his first judgment pertaining to a workplace injury on a mine site, Justice Graeme Crow QC has found in favour of a 55 year old mine worker, awarding damages of over $700,000, including an award for future economic loss of $400,000. In Issue Whether...