Loss of the ability to receive the age pension is not a recognised head of damage – Dib v Amaca Pty Limited [2017] NSWDDT 6 and Londos v Amaca Pty Limited [2017] NSWDDT 7

Author: Andrew Spearritt and Bharat Vekria Judgement Date: 22nd August, 2017 Citation: Dib v Amaca Pty Limited [2017] NSWDDT 6 and Londos v Amaca Pty Limited [2017] NSWDDT 7 [1] Jurisdiction: Dust Diseases Tribunal of New South Wales Principles A claim for loss of the ability to receive the age pension is not a recognised […]

New benchmark set for general damages and exemplary damages for a mesothelioma claim caused by asbestos exposure – Latz v Amaca P/L (formerly James Hardie & Co P/L) [2017] SADC 56

Author: Andrew Spearritt and Bharat Vekria Judgement Date: 26th May, 2017 Citation: Latz v Amaca P/L (formerly James Hardie & Co P/L) [2017] SADC 56 Jurisdiction: District Court of South Australia Principles The District Court of South Australia (the District Court) has demonstrated a willingness to increase general damages for mesothelioma suffers in South Australia. […]

Attempted murder in the workplace – does a duty of care arise from unexpected and unforeseeable criminal conduct? – Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21

Author: Andrew Howard Judgement Date: 17th February, 2017 Citation: Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21 Jurisdiction: New South Wales Court of Appeal[1] Principles Section 32 of the Civil Liability Act 2002 (NSW) (CLA) imposes restrictions on the circumstances in which a person owes a duty […]

The devil is in the detail when it comes to the construction of exclusion clauses – Zhang v ROC Services (NSW) Pty Ltd; National Transport Insurance by its manager NTI Ltd v Zhang [2016] NSWCA 370

Author: Emma Roberts Judgement Date: 22nd December, 2016 Citation: Zhang v ROC Services (NSW) Pty Ltd; National Transport Insurance by its manager NTI Ltd v Zhang [2016] NSWCA 370 Jurisdiction: New South Wales Court of Appeal[1] Principles The contra proferentem maxim 2 remains good law when a term or clause is ambiguous. The commercial purpose […]

Trash or treasure? New South Wales Court of Appeal sifts through complex contractual and indemnity issues in case of injured garbage man – Penrith City Council v Healey; GIO General Ltd v Healey [2016] NSWCA 161

Author: Lia Sparks Judgement Date: 7th July, 2016 Citation: Penrith City Council v Healey; GIO General Ltd v Healey [2016] NSWCA 161 Jurisdiction: New South Wales Court of Appeal[1] Principles In order to rely upon a ‘labour hire employee’ exclusion in a public liability policy, an insurer must establish that the labour was supplied by […]

‘Torque is cheap’ – a plaintiff must still prove that the defendant’s negligence caused the loss – Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22

Author: Brendan Maher Judgement Date: 8th June, 2016 Citation: Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22 Jurisdiction: High Court of Australia[1] Principles The High Court of Australia (High Court) has confirmed that there can be no recovery of loss of a chance in the law of negligence relating to personal injuries. Although proof […]