Case Alerts - Page 14 of 15

Case Alerts

Shippers to ensure air carriers informed of special handling requirements for sensitive cargo

Singapore Airlines Cargo Pte Ltd v Principle International Pty Ltd [2017] NSWCA 216 What you need to know Shippers/exporters must exercise care to comply with their regulatory requirements for cargo handling and ensure the air carrier is informed of any known special carrying conditions or instructions – such as positioning of cargo in the hold. […]

By : Aisha Lala Sep 14, 2017 Comments Off

Case Alerts

Tripping up on section 45 of the Civil Liability Act

Holland v City of Botany Bay Council [2017] NSWSC 1120 What you need to know This Supreme Court judgment will be of interest to state and council road authorities, and their insurers. The decision provides clarification on when a roads authority (as opposed to “the” roads authority) can engage the special non-feasance protection under s45 […]

By : Greg Carruthers-Smith Sep 7, 2017 Comments Off

Case Alerts

Kennecott: One of the Biggest Mining Claims Globally in Recent History

ABOUT The Bingham Canyon Mine (also referred to as Kennecott Copper Mine), is an open-pit mining operation extracting a large copper deposit in Utah, in the United States. The mine has been in production since 1906, and has resulted in the creation of a pit over 0.6 miles (970 m) deep, 2.5 miles (4 km) […]

By : Jala Design Sep 1, 2017 Comments Off

Articles, Case Alerts

The Clean-up Cover

Alan Thorn, Senior Underwriter specialising in environmental impairment liability at Liberty International Underwriters and Raisa Conchin, Partner at Wotton Kearney uncover the need for environmental liability insurance to plug a significant gap that is prevalent in the insurance market with Insurance Business Magazine. Who needs it? Historically, environmental liability insurance was considered a necessity for […]

By : Jala Design Jun 5, 2017 Comments Off

Case Alerts

Is an Occupier’s Liability for a Raised Platform Glaringly Obvious?

Ratewave Pty Limited v BJ Illingby [2017] NSWCA 103 Impact The New South Wales Court of Appeal had to consider whether the occupier of the Manly Pacific Hotel (Hotel) had been negligent in failing to safeguard their premises to avoid the risk of injury involving aesthetic or structural components. Even with Justice Fagan’s minority finding […]

By : Jala Design May 24, 2017 Comments Off

Case Alerts

Discretionary timing of bank’s ‘target hardening’ technology deemed sound in Court of Appeal decision

Banks and other institutions invest significant amounts of time and capital in building systems, processes and procedures to plan for untoward criminal activity to ensure their staff, customers and the public are safe. Wotton Kearney has recently represented Westpac in a matter in the ACT Court of Appeal Roberts v Westpac Corporation [2016] ACTA 68. […]

By : Karen Jones Mar 28, 2017 Comments Off

Case Alerts

The restricted scope of “other insurance” clauses

Andrew Moore and Robert Finnigan discuss the implications of a recent decision by the New South Wales Court of Appeal in Lambert Leasing Inc v QBE Insurance (Australia) Limited [2016] NSWCA 254 which confirms a restrictive operation of section 45 of the Insurance Contracts Act 1984. The limitation of section 45 may lead to increase […]

By : Andrew Moore Nov 3, 2016 Comments Off

Case Alerts

Are we right? The Wrongs Amendment Act now passed in Victoria

The Wrongs Amendment Act 2015 has now passed through the Victorian Parliament and received Royal Assent. The retrospective amendments to the Wrongs Act 1958 remove some restrictions on entitlements to compensation for personal injuries and may substantially increase the entitlements of certain claimants in Victoria. Andrew Seiter (Partner) and Noa Zur (Senior Associate) have updated […]

By : Andrew Seiter Nov 24, 2015 Comments Off

Case Alerts

Re-righting the “Wrongs” retrospectively?

It is likely that the Wrongs Act Amendment Bill 2015 will soon pass through the upper house of the Victorian Parliament. If this occurs, the Wrongs Act 1958 will be amended and certain amendments will operate retrospectively.

By : Andrew Seiter Oct 29, 2015 Comments Off

Case Alerts

What’s wrong with the Wrongs Act in Victoria?

The Victorian Government is again looking at making amendments to the Wrongs Act 1958 which will have important implications for insurers and the conduct of personal injury claims.

By : Andrew Seiter Sep 16, 2015 Comments Off

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