Insights Categories: Commercial Litigation & Dispute Resolution

Partnership Agreements – do you have one and is it up to date? Is it a dispute waiting to happen?

Most business partnerships do not last forever. Each year Meridian deals with many disputes between business partners. Disputes often happen because the relevant documentation is unsatisfactory or out of date, resulting in the partners having different views on how to deal with commercial matters. Business partners part company for many reasons. They could simply wish […]

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 […]

High Court win: finding reminds courts of appeal of their limits

Robinson Helicopter Company Incorporated v McDermott is a case of two major errors: the first by a helicopter repairman who improperly serviced a component causing a crash, and the second by the Court of Appeal, which improperly applied the wrong standard of review to the factual findings of the trial judge. Unusually for the High […]

Nurofen Specific Pain claims: Federal Court finds misleading conduct

In December last year the Federal Court ruled that Reckitt Benckiser (Australia) Pty Ltd (RB) engaged in misleading conduct in contravention of the Australian Consumer Law by representing that its Nurofen Specific Pain products were formulated to treat a specific type of pain, when in reality the products are identical. The Australian Competition and Consumer […]

Foresights: recent case rulings challenge the status quo

Duty of disclosure: raising the bar Robert Crittenden, Principal at Meridian Lawyers, discusses how a recent Supreme Court of NSW decision has raised the bar for insureds in complying with the duty of disclosure. Case: Stealth Enterprises Pty Limited trading as The Gentleman’s Club v Calliden Insurance Limited [2015] NSWSC 1270 Watch the video.

Recent Court of Appeal decision confirms breadth of advocate’s immunity

Legal practitioners and their insurers can breathe a sigh of relief as on 21 May 2015 the NSW Court of Appeal  upheld the decision of the District Court in Kendirjian v Lepore [2014] NSWDC 66, summarily dismissing a claim based upon the advocate’s immunity principle. Mr Lepore, solicitor, acted for Mr Kendirijian in a personal injury claim […]

The broadening shadow of section 54

The High Court of Australia has dismissed the appeal of various Lloyd’s underwriters (the “Insurers”). The High Court’s reasoning presents a reading of section 54 that produces a literal and commercial outcome, which many insurers will find disappointing. (Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33, 10 September 2014) The key issue for the […]

Bubble, bubble, toil and trouble for plaintiffs

This Court of Appeal’s decision will assist retailers in dealing with damage caused by products sold and injury being sustained, external to but in close proximity to a store. The decision also provides useful judicial comment on the extent of the duty of care that retailers have with respect to use of products it sells. […]

Endeavours to resolve the debate

Negotiating a contract? Can’t commit to an absolute obligation? Looking to impose an endeavours-type obligation (to use reasonable endeavours or best endeavours) to fulfil an objective? Then prepare well and minimise the debate. Reasonable endeavours and best endeavours A common obligation applied in commercial contracts is the use of an “endeavours” clause – the requirement […]

High Court determines that damages are not capped

Damages under the Compensation to Relatives Act are not capped by section 12(2) of the Civil Liability Act 2002 (NSW): The following litigation has ramifications for the way that high value dependency claims will be quantified at least in New South Wales and Victoria. Taylor v Owners – Strata Plan No. 11564 & Ors in […]

Insuring builders: claims by subsequent owners

The landmark Australian High Court decision in 1995 in Bryan v Maloney made builders of residential properties liable to subsequent owners. Since then there has been a number of decisions confining the scope of the decision. In a significant change the NSW Court of Appeal has recently extended its reach beyond dwellings to the owners […]

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