Yan v Mainzeal Property Construction Limited (in liq) [2023] NZSC 113 On 25 August 2023, the Supreme Court handed down its highly anticipated decision in Yan v Mainzeal Property Construction Limited (in liq) [2023] NZSC 113. The Court largely upheld the Court of Appeal’s decision and included the award of damages of $39.8m against the […]
Karlevski v Vicinity Centres PM Pty Ltd & Anor [2023] VCC 482 A recent decision by the County Court of Victoria has reconfirmed that while plaintiffs in personal injury actions can rely on inferential reasoning in the absence of direct evidence to a point, mere conjecture is not sufficient. In this matter, which involves a […]
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 […]
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 […]
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 […]
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. […]
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, […]
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 […]
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 […]
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 […]
