Barry.Nilsson. Lawyers

Caution to insurers; deferring assessments requires reasonable bases

16 October 2020 | General Insurance

A decision which analyses when it becomes unreasonable for an insurer to withhold payment of a TPD benefit as it conducts its investigations into the claim. In Issue When it will become unreasonable for an insurer to withhold payment of a Total and...

Letting the dust settle: damages for airborne particles arising from construction works significantly reduced for plaintiffs

14 October 2020 | Public & Product Liability

The Supreme Court of New South Wales assessed the damages for private nuisance claimed by seven plaintiffs arising from the release of airborne hydrated lime particles into their residential properties from a neighbouring construction site. In his...

Delusional Facebook posts hit for $875,000

14 October 2020 | Professional Indemnity & Financial Lines

The Federal Court of Australia has awarded damages of $875,000 (including aggravated damages) to a Member of the House of Representatives, her husband and a not-for-profit charity organisation she founded arising out of “delusional” and...

Case Collective | October 2020

7 October 2020 | Case Collective eNewsletters

The October edition of Case Collective is here! In this edition, we look at the case of a former student of the Brisbane Grammar School who settled a claim for damages for sexual assault prior to recent amendments to the relevant limitation period. We...

You have been warned! Adequate warning by local authority precludes claim for slip and fall on boat ramp

7 October 2020 | Public & Product Liability

A local authority has successfully defended a claim involving a slip and fall on a boat ramp on the basis that the plaintiff was engaged in a recreational activity, the risk of that activity was the subject of a risk warning, and that the risk of slipping...

Trustee de son tort – Director of corporate trustee caused trust funds to be distributed to himself

30 September 2020 | Professional Indemnity & Financial Lines

This case demonstrates the risks of not understanding what it means to have an interest in, or play a role in a trust. A director of a corporate trustee used money borrowed on security over the corporate trustee’s assets to acquire properties and...