Insights Insights
  1. Negligent misstatement, nuisance and no statutory defence – a fatal combination for Council

    29 January 2021 | Insurance & Health Law

    The plaintiff homeowner sued Council for negligent misstatement and nuisance for failing to disclose the existence of an underground stormwater pipe on a planning certificate issued prior to purchase. The pipe ultimately became blocked, resulting in...

  2. NSW Court of Appeal finds Council liable to owner of property destroyed by fire

    23 May 2019 | Insurance & Health Law

    The NSW Court of Appeal overturned a lower Court decision that factual causation was not established by the owner of a property which was destroyed by a fire that escaped from a Council owned waste facility. In Issue Whether causation was established...

  3. Driver involved in fatal accident fails in claim for damages

    7 February 2019 | Insurance & Health Law

    Barry.Nilsson. successfully defended[1] a claim brought against Brisbane City Council (along with the occupier and architect) following a tragic accident in the carpark of Hungry Jack’s Annerley in April 2012. As the plaintiff entered the carpark he...

  4. Insurer’s reduction of income protection benefits not a capital idea

    27 November 2018 | Insurance & Health Law

    The plaintiff held an income protection policy with the defendant. In September 2014, the defendant accepted the plaintiff’s claim for Total Disability Benefits. In January 2017, the plaintiff received an award of damages for personal injuries. The...

  5. Failed at the final hurdle – a lesson in establishing causation

    11 June 2018 | Insurance & Health Law

    On 17 December 2009, a fire escaped from the Walla Walla Waste/Recycling Depot in Walla Walla, New South Wales and burnt 5,200 hectares of land. The plaintiff’s property was destroyed in the fire. She brought a claim against Council, seeking damages...

  6. Council found not liable for cliff fall that left plaintiff paralysed

    29 May 2015 | Insurance & Health Law

    In Morris v Redland City Council & Anor [2015] QSC 135, Barry.Nilsson. Lawyers successfully defended a claim against Redland City Council (“Council”) by a man who suffered catastrophic injuries after falling from a cliff at night whilst...

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