Insights Insights
  1. Causation and Building Disputes - The pitfalls of commencing proceedings against third party contractors

    1 April 2020 | Insurance & Health Law

    The New South Wales Supreme Court has dismissed proceedings brought by property developers (the plaintiffs) against a structural engineer (the defendant) who provided, and certified, a defective design. The court found that the plaintiffs had failed to...

  2. 'Secondary' tortfeasors found liable for storeroom gas explosion

    13 November 2019 | Insurance & Health Law

    The Supreme Court of New South Wales has awarded over $3 million in damages to a school caretaker injured in a gas explosion. Unable to sue the entity responsible for the negligent work, the plaintiff pursued 5 parties whose responsibility for the...

  3. Policy terms reign supreme - QLD Court of Appeal denies cover to principal contractor assigned rights under subcontractor’s insurance policy

    10 May 2019 | Insurance & Health Law

    A recent Queensland Court of Appeal decision has considered whether losses sustained by a principal in remedying defective excavation works done by a subcontractor were covered under the subcontractor’s insurance policy following a settlement...

  4. Ignorance is not always bliss

    18 October 2018 | Insurance & Health Law

    An underground 11,000 volt cable owned by SA Power Networks (SA Power) (the respondent on appeal and the plaintiff at trial) was severed by sub-contractors, D&V Services Pty Ltd (D&V) (the appellant on appeal and the defendant at trial), which led...

  5. Lights, camera, building action

    21 March 2018 | Insurance & Health Law

    Claim for breach of contract to indemnify not a ‘building action’ for the purposes of section 109ZK(1) of the Environmental Planning and Assessment Act 1979 (NSW). The New South Wales Court of Appeal has provided guidance on how the courts...

  6. Commercial purpose is paramount when interpreting conflicting provisions in policies

    6 March 2018 | Insurance & Health Law

    NSW Court of Appeal upholds decision that the insurer of a builder who prepared a building report was liable to indemnify under a public and general liability policy, and a professional liability exclusion did not apply. In Issue Interpretation of...

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