Insights

  • Insurance,
  • Aug 16, 2018
  • Author: Robert Crittenden Author: Lachlan Heather
  • INSIGHT: Case note: Your Onus or Mine?

    Refresher on damages for economic loss and domestic assistance where there are pre-existing conditions. Gulic v Angelovski[1] Facts  Mr Gulic was injured in a motor vehicle accident (MVA) in 2004.  In 2013, he commenced proceedings in the District Court of NSW at Sydney against separate firms of solicitors, alleging breach of duty by the solicitors […]

  • Insurance,
  • Jul 18, 2018
  • Author: Robert Crittenden Author: Lachlan Heather
  • INSIGHT: The duty of care requirement – not to be taken for granted

    Bettergrow Pty Limited v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid (No 2) [2018] NSWSC 514[i] The recent New South Wales Supreme Court decision (Ball J) in Bettergrow v TransGrid (No 2) provides useful guidance on how the established elements of negligence should be applied in […]

  • Commercial Litigation & Dispute Resolution,
  • Jul 13, 2017
  • Author: Robert Crittenden Author: Lachlan Heather
  • INSIGHT: When is a duty of care owed in mental harm claims?

    Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21: Facts: Glenn Wright (the ‘plaintiff’) claimed damages for psychological injury as a result of an attempt by Nathaniel George to murder him by throwing him from a roof balcony. The plaintiff sued Optus as the occupier of the premises […]

  • Insurance,
  • Apr 11, 2017
  • Author: Robert Crittenden Author: Lachlan Heather
  • INSIGHT: The insurer strikes back

    The recent NSW Court of Appeal decision in Stealth Enterprises trading as The Gentleman’s Club v Calliden Insurance Limited (delivered on 5 April 2017) provides further guidance on: What must be disclosed by insureds when entering into and renewing contracts of insurance; and The burden of proof on insurers in relation to establishing what the […]