Insights

  • 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 […]