Category: Case Studies

Blake v J R Perry Nominees Pty Ltd: vicarious liability and unauthorised acts of an employee

Background 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

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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

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ANZ v Marks: banking and finance – cross border enforcement and guarantees

Background 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

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Dowsley v Westpac Life Insurance Services Ltd: life insurance – death benefit

Background In Dowsley v Westpac Life Insurance Services Ltd [2013] NSWSC 1208, in 2003, the plaintiffs took out a life insurance policy that allowed them to buy-back

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McLennan v Insurance Australia Limited: home and contents insurance – arson, onus of proof and failure to co-operate

The plaintiff was insured by the defendant for damage to her home in Orange, New South Wales (the “Property”). On 27 December 2006, the Property

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State Asphalt Services Pty Ltd v Leighton Contractors Pty Ltd: security of payment – importance of responding on time

Many contractors and subcontractors in the New South Wales building and construction industry have utilised the security of payment regime (the “SOPA”) to obtain swift

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Whitney v Dream Developments Pty Ltd: NSW civil procedure – offers of compromise

The value of a valid offer of compromise in litigation cannot be understated. It may turn a legal loss into a commercial win or at

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Hunt & Hunt v Mitchell Morgan Nominees: proportionate liability – Pt 4 Civil Liability Act 2002 (NSW)

What constitutes a concurrent wrongdoer for the purposes of the proportionate liability provisions under the Civil Liability Act 2002 (NSW). In Hunt & Hunt v Mitchell

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Ron Englehart Pty Ltd v Enterprise Constructions (Aust) Pty Ltd: copyrights in building design

The Full Court of the Federal Court in Ron Englehart Pty Ltd v Enterprise Constructions (Aust) Pty Ltd [2012] FCAFC4 had to deal with the following issue:

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Shikdar v Hannover: life insurance – duty of disclosure

Background On 9 June 2009, Mr. Shikdar applied by telephone for a policy of life insurance with Hannover Life Re of Australasia Ltd (“Hannover”).  Hannover

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Chapman v United Super Pty Ltd and Hannover Life Re of Australasia Ltd: life insurance – total and permanent disablement

Scott Chapman, a member of the Construction and Building Unions Superannuation Fund (Cbus), brought a claim for Total and Permanent Disablement (TPD) benefit against the

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