Industrial and Commercial Property - Page 4 of 4

Case Alerts

NSW Court of Appeal resolves uncertainty about date of accrual of cause of action against a first party property insurer for limitation purposes

Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27 Wotton Kearney acted for Allianz in a NSW Court of Appeal proceeding where judgment was issued yesterday clarifying – albeit by a 3-2 split decision – the issue of when a cause of action accrues against a first party insurer for limitation purposes. The decision […]

By : Anja Vogel Feb 27, 2019 Comments Off

Case Alerts

NZ High Court decision could test dishonesty exclusions

Mainzeal Property v. Yan & Ors This week, the New Zealand High Court awarded $36m in damages against directors of Mainzeal, once one of New Zealand’s leading property and construction companies, including former Prime Minister Dame Jenny Shipley. The damages are the highest awarded for reckless trading in New Zealand’s history. The case raises a […]

By : Anja Vogel Feb 27, 2019 Comments Off

Articles

Insurance for WHS fines – will they soon be prohibited?

Are fines appropriate penalties to deter companies and directors from breaching WHS laws when they can be indemnified by their insurers? Should insurance policies that cover these monetary penalties be made illegal and void? At the moment, companies and directors are able to insure against the risk of fines for breaches of WHS laws, however […]

By : Anja Vogel Jan 10, 2019 Comments Off

Articles

Insurance Remodelled – 2018/19 Market Conditions & Trends Report

I am delighted to welcome you to the launch of our annual Legalign Global insurance report, Insurance Remodelled, 2018/19 Market Conditions & Trends. The report has been produced by our Legalign Global partner DAC Beachcroft for a number of years to assist the insurance industry in the UK and has now been expanded to include […]

By : Jala Design Sep 13, 2018 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

WK News

Deliberately taking a risk can still be an ‘accident’

Paul Spezza (Partner), Scott Macoun (Senior Associate) and Bree Smith (Associate) consider the Court of Appeal of Queensland’s decision of Matton Developments Pty Ltd v CGU Insurance Limited [2016] QCA 208, which provides insight to both insurers and policy holders into what constitutes “accidental damage”, and how the courts are reluctant to interpret additional benefits […]

By : Paul Spezza Aug 31, 2016 Comments Off

Case Alerts

Relief for builders and their insurers! Brookfield Multiplex Ltd v The Owners – Strata Plan No 61288

In a decision that will no doubt be greeted with relief by builders and their insurers, on 8 October 2014 the High Court of Australia delivered its much awaited decision in Brookfield Multiplex Ltd v The Owners – Strata Plan No 61288 [2014] HCA 36. The High Court has determined that there is no common […]

By : Sean O Connor Oct 8, 2014 Comments Off

Case Alerts

Brirek Industries v McKenzie Group Consulting

In breaking news, in a decision handed down on 6 August 2014, the Victorian Court of Appeal has determined that, pursuant to section 134 of the Building Act 1993 (Vic), the applicable limitation period for commencing a “building action“, whether in contract or in tort, is 10 years from the date that the relevant occupancy […]

By : Andrew Brennan Aug 7, 2014 Comments Off

Articles

D&O insurance: an uncertain future

Patrick Boardman spoke to Australasian Lawyer to share his views on recent legal developments and emerging trends in D&O insurance.

By : Jala Design May 15, 2014 Comments Off

Articles

Construction Bulletin – April 2014

The April 2014 edition of our “Construction Bulletin” includes commentary in relation to the following matters: Professionals acting unprofessionally – the meaning of the terms “professional services” in a D&O policy exclusion. Recent changes to Queensland’s building and construction industry legislation. The special leave application in the Brookfield Multiplex litigation. The future of compulsory commercial […]

By : Paul Spezza Apr 6, 2014 Comments Off

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