Case Collective
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Neighbour injured by “obvious risk”
14 October 2019 | Residential PremisesA residential occupier was not liable for serious injuries suffered by a neighbour who fell through a laserlite patio roof while removing a solar hot water unit. The risk of stepping onto laserlite panels and falling was found by the Court to be an...
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Principals owe contractors a duty of care!
8 October 2019 | Employer's LiabilityA principal, occupier and employer were all found to have breached their duty of care to a truck driver who injured his back whilst unloading large tyres. In Issue The Court was asked to consider the duty of care owed by a principal to its contractors and...
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“When you do things right, people won’t be sure you’ve done anything at all”: Employer escapes liability to injured worker for fall
3 October 2019 | Employer's LiabilityIf an employer modifies a system of work, and in doing so creates a risk for its workers, will the employer be liable if it fails to take further precautions concerning that risk? Not necessarily, according to the New South Wales Supreme Court. In Issue...
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Absence does not make the heart grow fonder: an update on the interpretation of exclusion clauses
3 October 2019 | Insurance IssuesThe NSW Court of Appeal overturned the primary judge’s decision on the construction of a ‘prudent lender‘ exclusion clause in a professional indemnity insurance policy, holding that an insurer was entitled to decline indemnity under the...
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Aggregating factors: NSW Court of Appeal finds that one deductible is to be applied to multiple claims made under aggregation clause involving representative proceedings
3 October 2019 | Insurance IssuesThe NSW Court of Appeal has recently overturned the Supreme Court’s decision finding that 192 individual claims made against the Bank of Queensland (BOQ) could be aggregated to constitute a single claim and therefore a single deductible will apply....
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Ocean views “FOREVER” – real estate sales pitch or a fraudulent misrepresentation?
3 October 2019 | Real Estate Agents' NegligenceA property developer made representations that a lot for sale would have “ocean views FOREVER” due to height restrictions on the “sold” adjacent lots. The unconditional contracts on the adjacent lots were terminated and, when they...
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