Case Alerts - Page 6 of 15

Case Alerts

When it rains it pours – Full Federal Court hands down ‘common sense’ decision

Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited [2023] FCAFC 47 On 28 March 2023, the Full Federal Court handed down its judgment on a separate question concerning the operation of an exclusion for damage to contract works caused by rain. The separate question was brought by the Acciona and Ferrovial joint venture […]

By : Anja Vogel Mar 30, 2023 Comments Off

Case Alerts

Court of Appeal decides on construction contribution claims

Beca Carter Hollings & Ferner Ltd v Wellington City Council The Court of Appeal, in Beca Carter Hollings & Ferner Ltd v Wellington City Council, has upheld the High Court’s decision and ruled that contribution claims are not subject to the 10-year longstop in the Building Act. As a result, construction professionals, not joined as […]

By : Anja Vogel Mar 6, 2023 Comments Off

Case Alerts

High Court decision offers insurers utmost good faith relief

Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 A recent decision by the High Court provides clarity regarding the scope of an insurer’s duty of utmost good faith. In the Delor Vue judgment, the Court found Allianz had the right to reduce its liability under the insurance contract and that its earlier waiver […]

By : joanna li Dec 20, 2022 Comments Off

Case Alerts

Vicarious liability for unlawful acts beyond child abuse?

Garrett v Victorian WorkCover Authority [2022] VSC 623 and Schokman v CCIG Investments Pty Ltd [2022] QCA 38 Two recent decisions – with quite different outcomes – suggest the courts are still grappling with the difficult question of in what circumstances an employer should be found vicariously liable for the wrongful acts of an employee. […]

By : joanna li Dec 12, 2022 Comments Off

Case Alerts

Interstate sea carriage outside reach? Federal Court confirms Australian Court’s jurisdiction can be excluded for interstate sea carriage bill of lading disputes

Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co. KG (The BBC Nile) [2022] FCAFC 171 A recent Federal Court of Australia decision has confirmed that it is possible to exclude the jurisdiction of an Australian Court for disputes arising out of bills of lading for interstate carriage. In The BBC Nile, […]

By : joanna li Nov 21, 2022 Comments Off

Case Alerts

High Court grants special leave for appeal of permanently stayed historic child abuse case

GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore The High Court of Australia has today granted special leave for the appellant to appeal the decision in The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78, in which the NSW Court of Appeal […]

By : joanna li Nov 18, 2022 Comments Off

Case Alerts

The expanded scope of building practitioners’ duty of care

Boulus Constructions Pty Ltd v Warrumbungle Shire Council (No 2) [2022] NSWSC 1368 When the Design and Building Practitioners Act 2020 (NSW) (DBP Act) came into effect, section 37 imposed a new duty on building practitioners and persons who carry out construction work to exercise reasonable care to avoid economic loss to building owners, including […]

By : joanna li Nov 7, 2022 Comments Off

Case Alerts

High Court ends casino giant’s creative claim for COVID-19 business interruption losses

In breaking news, the High Court has today dismissed with costs The Star’s application for special leave, putting an end to The Star’s claim against its business interruption insurers. It also rejected similar special leave applications by other insureds in the industry test case known as the Second COVID-19 Business Interruption Test Case or Test […]

By : joanna li Oct 14, 2022 Comments Off

Case Alerts

Recent real estate decisions highlight the importance of internal practices for agencies

Soft Technology JR Limited v Jones Lang Lasalle Limited [2022] NZCA 353 Weber v Hastings District Council [2022] NZHC 1405 The New Zealand courts have recently had their say on two significant aspects of the law relating to real estate agents. The Court of Appeal’s decision in Soft Technology JR Limited v Jones Lang Lasalle […]

By : joanna li Oct 13, 2022 Comments Off

Case Alerts

NSW Supreme Court finds for plaintiff in train platform accident case

Chol v Sydney Trains [2022] NSWSC 1266 The NSW Supreme Court has found for a plaintiff who suffered major injuries after falling between a platform and a train at a Sydney train station. In this matter, the Court accepted that Sydney Trains had a reasonable system of keeping passengers safe. However, it ultimately found Sydney […]

By : joanna li Sep 26, 2022 Comments Off

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