Barry.Nilsson. Lawyers

Fraudulent claims within the meaning of section 56 of the Insurance Contracts Act

26 November 2021 | General Insurance

Insureds were found to have lit a fire at their business premises and also to have significantly and deliberately exaggerated the value of their stock and equipment losses entitling their insurer to refuse payment of the claim made under a business insurance policy.

Case Collective Episode 2: Second COVID-19 insurance test cases, Truck driver found personally liable, Banana worker’s damages reduced for contributory negligence, and Don’t let your expert evidence muddy the water

16 November 2021 | Podcast

In this episode, we discuss the much anticipated second COVID-19 test case, a decision involving a truckie found personally liable for damage caused after using his phone whilst driving, a personal injury claim arising out of a falling banana tree, and...

Case Collective | November 2021

8 November 2021 | Case Collective eNewsletters

The November edition of Case Collective is here! In this month’s edition, we discuss the case of an employer found liable for the loss and damages suffered by a worker who sustained injuries when the top of a banana tree fell on him, and the case of...

Don’t let your expert evidence muddy the water!

5 November 2021 | Building, Construction & Property

This case involved a consideration of whether the inundation of a shopping centre was occasioned by water overflowing from the normal confines of a natural watercourse. The court held that it was so caused by overflow from a watercourse, such that an insurance policy exclusion applied. The court al

School found negligent for historic abuses perpetrated by a volunteer on and off its premises

4 November 2021 | Public & Product Liability

Historic child sexual abuse perpetrated by a volunteer, and not employee, of the defendant (on and off the defendant’s premises). Defendant found not to be vicariously liable for the perpetrator’s conduct but found to have been negligent in failing to identify, prevent and stop the abuse both...

Case Collective Episode 1: Queensland floods, Decline of indemnity, Are you a “publisher” on Facebook, and An uninhabitable granny flat

3 November 2021 | Podcast

In this episode, we cover a decision with massive ramifications coming out of the NSW Court of Appeal regarding who was responsible for the damage caused by the Queensland floods, a successful decline of indemnity in relation to an employment claim...