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Case Collective | 6 September 2017

7 September 2017 | Case Collective eNewsletters

In this edition of Case Collective we discuss a decision of the High Court which raises for consideration the application of the narrative test of serious injury for the purpose of s 93 of the Transport Accident Act 1986 (Vic). In the medical negligence..

Indemnity Under a Debt Servicing Standing Charges Policy

6 September 2017 | Insurance Issues

Whether an insurer was required to indemnify an insured under a Debt Servicing Standing Charges Insurance Policy in respect of delay caused by insured damage, including a discussion on Jones v Dunkel inferences and s57 of the Insurance Contracts Act 1984.

Employer required to pay over $1.4M damages to employee for psychiatric injury resulting from managerial mistreatment

5 September 2017 | Employer's Liability

The defendant was found liable for the plaintiff's psychiatric injury for failing to take timely and determinative action in response to complaints made against the plaintiff by another staff member. In Issue Failure to take determinative action in...

Insurer avoids liability for storm damage under soil movement exclusion

5 September 2017 | Insurance Issues

Heave of soil beneath foundation slab following storm constituted soil movement and was excluded from cover under home building policy. In Issue Whether soil heave fell within the natural and ordinary meaning of soil movement Whether the soil movement...

High Court considers the serious injury narrative test as it relates to transport accidents in Victoria

5 September 2017 | Transport

This appeal by the TAC raised for consideration the application of the narrative test of serious injury for the purpose of s 93 of the Transport Accident Act 1986 (Vic) laid down in Humphries v Poljak [1992] 2 VR 129. In Issue Whether the claimant had...

Managing Agent successfully obtains contribution to damages from residential owner and occupier following balcony collapse

5 September 2017 | Residential Premises

The NSWCA had to assess the respective liability of a residential owner, a tenant occupier and the Managing Agent of a property where a balcony collapsed and injured the tenant occupier's guests. In Issue Whether the trial judge erred in finding that.