Barry.Nilsson. Lawyers

“One small step…”

24 June 2022 | Insurance & Health Law

Ms Narelle Pietrobelli was in attendance at the premises of Tiger Putt Putt (defendant) when she fell down a set of stairs, due to an overstep, suffering injury.

Should the driver of a vehicle be held liable for the actions of a passenger in the vehicle?

7 June 2022 | Insurance & Health Law

An Uber driver was liable in negligence when his passenger opened his car door into a bike lane causing an accident with a passing cyclist. In Issue The quantum of damages was agreed between the parties on the first day of trial, the predominant issues...

When can a building owner hold a subcontractor liable for incorrect advice?

3 June 2022 | Insurance & Health Law

The Supreme Court of Victoria considered a strike out application by a subcontracted engineer in relation to proceedings issued by a building owner.

Policy coverage – Is it really excluded?

27 May 2022 | Insurance & Health Law

Warning: This article contains details about the death of the late Mr Anthony Goncalves and whether his death was accidental or intentional. In Issue The relevant issues for determination by the Court included whether the loss and damage to the Plaintiff...

Plaintiff fails to establish causation where hospital admits breach of duty caused delayed diagnosis of pancreatic cancer

22 March 2022 | Insurance & Health Law

In this recent ACT Supreme Court case the court rejected evidence from two oncologists holding that neither expert had the relevant experience and expertise to comment upon the critical aspects of the treatment provided by the defendant and rejecting the relevance of studies relied upon by those...

COVID-19 and business interruption insurance policies

11 March 2022 | Insurance & Health Law

The Full Court of the Federal Court of Australia delivered two judgments in cases heard simultaneously relating to the coverage of policyholders for business interruption related to COVID 19. The Full Court held that in each circumstance, the insurers were not under obligation to indemnify the...