Tag Archives: statutory insurance

The case of the Phantom Passenger

The respondent alleged he was a passenger in a vehicle involved in a motor vehicle accident on 20 November 2012. The appellant was the driver of that vehicle.

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WA Insurance Round-Up – Issue 5

Contents

Case updates

Workplace injuries

Dismissal of appeal of arbitrator’s decision declining application for additional funding
The importance of objectivity when determining whether discipline is unreasonable and harsh
Application of Napier test on causation for medical expenses
Cause of incapacity essential in determining entitlement to prescribed amount
Worker’s subjective belief does not determine ‘course of employment
Attempts to re-litigate a resolved dispute results in award of indemnity costs
High Court to decide: new category of duty of care for employers?
Safe system of work requires consideration of common degenerative condition
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WA Insurance Round-Up – Issue 4

Contents

Case updates

Workplace injuries

Plaintiff wholly responsible for accident
Court comments on roles and powers of arbitrators
Authorities confirmed for questions of incapacity and reasonableness
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Injury arising out of or in the course of employment

This case considers the principles set out in Hatzimanolis v ANI Corporation1, Comcare v PYVW2 and Pioneer Studios Pty Ltd v Hills3 to determine whether the claimant’s injury arose out of or in the course of her employment with the appellant.

Facts and background

The claimant had been successful in obtaining common law damages against the appellants as occupiers of the premises on which she had been injured. The appellants public liability insurer had argued that the claimant at the time of her injury was an employee. The primary judge found that her injury was not suffered in the course of her employment. The appellants appealed this decision.

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Hall & Wilcox’s 1 July promotions

Leading independent business law firm Hall & Wilcox is pleased to announce one partner and ten senior lawyer appointments, effective 1 July 2017. The promotions are across the firm’s Melbourne, Sydney and Brisbane offices and will further bolster the firm’s insurance, litigation, corporate, employment, superannuation and property teams.

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Don’t forget about costs: lessons for appealing costs orders

The ACT Court of Appeal has declined to make a costs order in favour of a motor vehicle accident insurer after the insurer successfully appealed the Supreme Court’s assessment of damages but neglected to fully challenge the original costs order against it.1

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WA Insurance update – Issue 3

Contents

Workplace injuries

Pre-existing injury at work found not compensable
Court confirms burden of proof and test for causation in workers’ compensation
Solicitor’s failure to identify correct defendant denies plaintiff’s claim
Strict termination notification requirement confirmed
High Court confirms ‘but for’ test for causation
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Case update: Thorn v Kelly [2016] NSWSC 1748 (9 December 2016)

Mr Ross Monteleone suffered injuries in a work related incident on 15 March 2014 during his employment with William Andrew, William Richard, and Margaret Kelly (Kelly parties).  At the time, Mr Andrew Thorn and Thorn Transport Pty Ltd (Thorn parties) were contracted to deliver the 800 merino sheep purchased by the Kelly parties to their property at Rugby.

In the course of unloading the sheep, the Thorn parties allegedly released a ramp suspended from the deck above where Mr Monteleone was unloading the sheep, without any warning to Mr Monteleone.  In turn, the ramp struck Mr Monteleone and he suffered a number of physical injuries.

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