Insights Sectors: Transport

Feb 12, 2019

INSIGHT: Case Note: Caffrey v AAI Limited [2019] QSC 7

Key takeaways A deceased driver was found to have owed a duty to take reasonable care not to cause psychiatric injury to a policeman acting in the course of the performance of his duties who may be required to respond to an accident caused by their driving and who may witness the suffering and/or death […]

Jun 14, 2016

INSIGHT: 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 […]

Sep 10, 2014

INSIGHT: 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 […]