Barry.Nilsson. Lawyers

Insurer’s reduction of income protection benefits not a capital idea

27 November 2018 | Insurance Issues

The plaintiff held an income protection policy with the defendant. In September 2014, the defendant accepted the plaintiff’s claim for Total Disability Benefits. In January 2017, the plaintiff received an award of damages for personal injuries. The.

Snakes and ladders – a tale of liability and credibility

20 November 2018 | Product Liability

The Court of Appeal overturns a first instance decision, but findings on credibility meant there was a sting in the tail for the successful appellant. In Issue Whether a defect caused the plaintiff’s injuries and was a result of manufacture The...

Employer’s duty of care in the face of pre-existing conditions

20 November 2018 | Employer's Liability

An employer was found liable for the injuries sustained to a worker when he exited the employer's delivery truck whilst facing outwards, rather than inwards, although damages were substantially reduced ot reflect a pre-existing condition. In Issue...

Negligence claim against employer succeeds after the activation of a portable alarm caused the plaintiff to be startled and strain his neck

13 November 2018 | Employer's Liability

The plaintiff claimed damages for personal injuries caused when a co-worker switched on a personal gas detector, which triggered an alarm, and startled the plaintiff. In Issue The court had to consider whether the plaintiff’s employer was negligent.

Captive insurer avoids indemnity under ambiguous policy

13 November 2018 | Insurance Issues

In a unanimous decision, the NSW Court of Appeal has affirmed that the proper construction of an ambiguously worded clause in an employer’s liability policy led to indexation of the policy deductible, and defeated a claim for indemnity under the...

The Perils of Appeal

5 November 2018 | Damages

A 50 year old bus driver who suffered soft tissue injuries to her spine and a related Adjustment Disorder has had her damages award of approximately $540,000 upheld on appeal. In Issue Whether the trial judge erred in her assessment of various heads of...