Summary On 27 September 2013, the Federal Court of Australia handed down a decision in a multiple class actions claim, Morgan, Re Brighton Hall Securities Pty
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
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
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
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
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
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
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
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
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:
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
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