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

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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.

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