Claims handlers beware! Investigation reports now discoverable?17 December 2018 | Insurance & Health Law
A plaintiff in a CTP claim has successfully appealed a decision of a District Court Master before Her Honour Judge Bochner. Her Honour found that an investigation report obtained by the defendant’s CTP insurer prior to litigation did not attract...
Accept or Decline - How Commercial Transactions have tapped their way into Jurisdictional Uncertainty5 December 2018 | Insurance & Health Law
In the past year there has been ambiguity around whether proceedings arising out of commercial transactions can be litigated in the District Court or Supreme Court of NSW. Since the judgment in NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd...
Not so cool-as-a-(sea)cucumber: Misrepresentation claim against respondent Council statute-barred26 November 2018 | Insurance & Health Law
The appellant operated a commercial sea cucumber hatchery. The appellant commenced proceedings against the respondent Council in relation to alleged misrepresentations it made regarding a new aquaculture precinct, upon which the appellant alleged it...
A new Day for PIPA?27 March 2017 | Insurance & Health Law
The Court of Appeal decision in Day v Woolworths [QCA] 337 seems to have received less attention than it perhaps deserves. The Appeal concerned a decision, in part, concerned with Woolworths’ (the respondent’s) disclosure obligations pursuant...
As an aside – principles to be considered when seeking to set aside a subpoena to produce7 December 2016 | Insurance & Health Law
The issuing of subpoenas to produce (and to provide evidence) is a key part of a party’s arsenal in the course of litigation. This NSW District Court decision is a useful reminder of the principles the court will consider when deciding whether to...
Lengthy delay adequately explained by incorrect advice10 October 2016 | Insurance & Health Law
In Issue A woman was granted leave to commence proceedings 12 years after a motor vehicle accident. The Background On 7 August 2002, the plaintiff was injured in a motor vehicle accident whilst a passenger in a car that was involved in a head-on collision...