Insights Categories: Property and Construction

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 […]

Dealing with complex facts in assessing contribution for an asbestos exposure injury

The Supreme Court of Victoria decision of Swiatek, handed down on 21 December 2016, provides an insight into how the courts deal with complex issues of factual causation and contribution involving multiple defendants in a case relating to an injury resulting from ongoing exposure to asbestos over an extensive period of time. The facts The […]

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 […]

What does a ‘professional service’ mean in the context of a D&O policy exclusion clause?

Many companies will take out a suite of policies to cover all potential exposures involved with running a business. Often that suite will include a directors & officers policy and a professional indemnity policy, both containing exclusion clauses which operate to make the policies complementary and mutually exclusive. However situations can arise whereby a gap in […]