Case Collective | 6 September 2017 Case Collective | 6 September 2017


Case Collective | 6 September 2017

7 September 2017 | Case Collective eNewsletters

In this edition of Case Collective we discuss a decision of the High Court which raises for consideration the application of the narrative test of serious injury for the purpose of s 93 of the Transport Accident Act 1986 (Vic).

In the medical negligence and casualty classes in NSW we review an award made for complications suffered as a result of a negligently performed incisional hernia repair, along with the respective liability of a residential owner, a tenant occupier and the managing agent of a property where a balcony collapsed and injured the tenant occupier's guests.

Notable judgments have also been handed down in other states. In Victoria, a farmer was liable for $6.5M damages (plus just over $700,000 interest) for chemical spray drift damage to a neighbour's vineyard, and there was a finding that heaving of soil beneath a foundation slab following a storm constituted soil movement, and was excluded from cover under a home building policy. In Queensland, consideration was given to whether an excavation contractor's losses were covered under its subcontractor's insurance policy, and whether, following a complex regime of settlements, the excavation contractor was entitled to indemnity as an assignee under the subcontractor's policy.

We hope that this month’s Case Collective is insightful, and please feel free to share it with your colleagues; they can subscribe here. We encourage you to contact us should you have any queries.

Read this edition of Case Collective.