Tag Archives: Court of Appeal

Insurable Interest – Issue 46

 

The future is super

Mr Latz was diagnosed with mesothelioma in October 2016. It was accepted by all parties that Mr Latz’s illness was caused by Amaca’s negligence.

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Costs decision cuts deep

Following the successful appeal in medical negligence proceedings, a surgeon (Dr Gray) filed a notice of motion to vary the Court of Appeal’s costs orders. Mr Hobson, the plaintiff and respondent to the appeal, made his own application on costs.

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Court of Appeal decides cap and collar does not fit

The NSW Court of Appeal delivered judgment on 16 May 2018 in Weir Services Australia v AXA Corporate Solutions Assurance [2018] NSWCA 100. The Court considered the nature of a cap and collar agreement between Weir Services Australia (Weir) and AXA Corporate Solutions Assurance (AXA) and the characterisation of a liability to be indemnified pursuant to broad form liability insurance policy.

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Auditor bears the risk

The NSW Court of Appeal handed down a decision on 23 May 2018 which will be of interest to auditors and their Professional Indemnity insurers.

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Hospital passes the test on second attempt

The Court of Appeal has considered the proper application of Section 5O of the Civil Liability Act 2002 (NSW) (CLA) in South Western Sydney Local Health District v Gould [2018] NSWCA 69. Our review of the primary judgment can be found here.

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Insurable Interest – Issue 45

Contents

When you know, you know

Builder’s liability claim excluded – considered a ‘professional service’

The rules weren’t made to be broken

Phone fail

That’s not fair!

Unprofessional?

The proof is in the policy

The end of expert bootstrapping in Queensland

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Court of Appeal confirms anaesthetist liable for paraplegia

Mr Brendan Hobson, the respondent, suffered from a disorder which affected his ability to fill his lungs with air and, accordingly, restricted his breathing capacity. His prognosis was grave and corrective surgery in two stages was recommended. The first operation was successful, however, the second – on 17 November 2009 – was terminated before its intended conclusion. As a result of this second operation, the respondent became a paraplegic.

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The NSW Court of Appeal confirms that a professional sport is a ‘recreational activity’

Mr Goode was riding a horse named ‘Shot of the Rails’ over 1,640 metres at the Queanbeyan Racecourse. Mr Angland was a jockey riding ‘Port Gallery’ in the same race. Shortly after the start of the race, Mr Goode was thrown from his mount when it fell. As a consequence, he sustained catastrophic injuries leaving him confined to a wheelchair for the rest of his life.

Mr Goode commenced proceedings, in the Supreme Court of NSW, against Mr Angland alleging that his loss, damage and injuries were caused by Mr Angland’s negligence or breach of duty by riding in such a manner as to cause interference to Mr Goode and his mount.

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Insurable Interest – Issue 44

Contents

We all fall down
Court of Appeal squashes grape finding in favour of Woolworths
Polluting a sewer
The makings of a rogue agent
Wrongful professional activities
To heave, or not to heave – a dirty business
Worker fatigue: liability for the journey home
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Mother awarded damages for nervous shock from Bankstown Hospital tragedy

Background

Ms Sorbello gave birth at the Bankstown Hospital to a son, Joseph, in 2008. Joseph suffered severe injury as the result of oxygen deprivation during his birth and as a result, he is profoundly disabled, has a significantly shortened life expectancy and requires lifetime care.

Proceedings were brought in negligence on behalf of Joseph against the South Western Sydney Local Health Network, which settled on confidential terms.

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