Case Studies

25 Mar 2014
Charafeddine v Morgan - Issue Estoppel, Property Damage Claims, and impact on Personal Injury Claims
On 21 March 2014, the NSW Court of Appeal, in Charafeddine v Morgan [2014] NSWCA 74, delivered a decision which makes it clear that the determination of a property damage claim in one Court (in this case, the Small Claims Division of the Local Court) can give rise to an estoppel and prevent a claima ...
20 Mar 2014
Insurers are able to receive security for costs
A security for costs application allows a defendant to seek an order from the court requiring the plaintiff pay a sum of money to the court as security for the potential costs likely to be incurred by the defendant in the proceedings. The application usually arises in circumstances where it appears ...
5 Mar 2014
Vivekananda v Insurance Australia Limited t/as NRMA Insurance: meaning of “substantial alteration” in ACT Building Act and Regulation
On 28 February 2014, the Federal Court of Australia, in Vivekananda v Insurance Australia Ltd t/as NRMA Insurance [2014] FCA 161, delivered a decision which clarified how “substantial alteration” in the Building Act 2004 (ACT) (Act) and associated Building (General) Regulation 2008 (ACT) (Regulation ...
5 Mar 2014
Litigating liquidated damages clauses following Andrews v ANZ
The High Court case of Andrews v ANZ Banking Group Ltd may have profound impact on the commercial world, since many liquidated damages clauses in commercial contracts or product disclosure statements drafted in accordance with case authorities overturned in Andrews v ANZ could potentially become un ...
4 Mar 2014
Wingecarribee Shire Council v Lehman Brothers Australia Ltd: banking and finance - misselling of complex financial product
In 2012, the Federal Court of Australia delivered judgment in favour of the applicants in Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) [2012] FCA 1028 (the Lehman Brothers case). This case was a class action brought by three city councils (the Councils).
2 Dec 2013
Blake v J R Perry Nominees Pty Ltd: vicarious liability and unauthorised acts of an employee
In matter Blake v J R Perry Nominees Pty Ltd [2012] VSCA 122, Mr Trevor Blake was a fuel tank driver employed by J R Perry Nominees Pty Ltd ("J R Perry"). On 16 October 2001, Mr Blake was at the Portland Dockyards waiting to refuel a ship, however, its arrival into the port had been delayed. As a re ...
2 Dec 2013
Morgan, Re Brighton Hall Securities Pty Ltd: class actions - indemnity clause
Summary On 27 September 2013, the Federal Court of Australia handed down a decision in a multiple class actions claim brought against Brighton Hall. The Federal Court found that the two class actions constituted separate claims for each plaintiff (or group member) pursuant to a professional indemni ...
4 Nov 2013
ANZ v Marks: banking and finance - cross border enforcement and guarantees
In December 2007, Australia and New Zealand Banking Group Limited, through a Singapore branch (“ANZ”) advanced to Telesto Investments Limited (“Telesto”) $AUD15,000,000 under a facility agreement of which a large portion was to be used to fund the construction of a dwelling on the Gold Coast. A mort ...
4 Nov 2013
WTE Co-Generation & Anor v RCR Energy Pty Ltd & Anor: dispute resolution clause - agreement to agree?
In August 2013, Standards Australia issued an alert urging users of standard contracts to seek legal advice on the dispute resolution clause before entering into any standard form contracts.
17 Oct 2013
Dowsley v Westpac Life Insurance Services Ltd: life insurance - death benefit
In 2003, the plaintiffs took out a life insurance policy that allowed them to buy-back the death benefit under certain conditions.