Search Results for %5C%22client+was+successful%5C%22

• Kelbush Pty Ltd v Clark Court of Appeal. Available debt and debt appropriation order under Civil Judgments Enforcement Act 2004 WA. Cause of action by judgment debtor (hirer of car) against third person (... view this page
• Fussell v Pilbara Iron Company (Services) Pty Ltd and GIO District Court. The plaintiff, an employee of WorkPac, was injured at an iron ore mine when the tray of the haul truck he was driving was struck by the bucket of a loader during lo... view this page
• AIG Insurance Australia Ltd v McMurray Insurer’s appeal to Court of Appeal dismissed. Luxury home destroyed by fire. Claim against builder’s insurer settled before trial. Insurer of building relied on “... view this page
• Carusi v St Mary’s Anglican School for Girls Inc and West Coast Dance Festival Client was successful. Occupier’s liability and general negligence. The plaintiff fell and was injured when descending steps in a school’s performing arts building. A d... view this page
• QBE Insurance (Australia) Limited v BB Claim by school against three liability insurers, QBE, IAG, and Berkshire Hathaway, for liability for damages payable to former student for injury from sexual abuse by teacher in 1... view this page
• Smith v High Energy Service Pty Ltd Catastrophic injury. Liability of electrical contractor with high voltage expertise. Plaintiff suffered severe burn injuries from an explosion of the contents of a switch gear tank... view this page
• McMurray v AIG Insurance Ltd [No 5] Luxury home destroyed by fire. Claim against builder’s insurer settled before trial. Insurer of building relied on “Contract Works” exclusion. Insurer contended f... view this page
• Essaiyd v Saint Worker injured hand on fishing vessel. Successfully recovered small amount of damages from skipper and substitute skipper. Claim against owner of vessel failed. Employer’s li... view this page
• BB v Helena College BB was a primary school student when she was sexually abused by a school teacher.  Her claim for damages against the school was settled and the trial proceeded as a claim by the s... view this page
• Gors v Tomlinson Liability of farmers as occupiers of farmhouse. Appellant injured when fell through laserlite roof.  Serious brain injury.  Duty to warn only duty relied on by appellant. Whether... view this page
• Smith v MMG Golden Grove Pty Ltd Damages for breach of insurance contract.  Liability insurance. Effect of waiver of subrogation clause in Employers Indemnity Insurance.  Reasonableness of settlement between pla... view this page
• J-Corp Pty Ltd v Thompson Liability of builder. Roof carpenter injured when standing on brick pier that collapsed. Negligence. Occupier’s liability. At trial client was not successful. On appeal clien... view this page
• Tokio Marine & Nichido Fire Insurance Co Ltd v Hans Bo Kristian Holgersson Builder’s insurance. Tokio Marine & Nichido Fire Insurance. Fire destroyed home undergoing renovations. Whether painters were “Subcontractors” and entitled to... view this page
• Gors by his Plenary Administrator of Janet Christine Gors v Tomlinson Liability of farmers as occupiers of farmhouse. Plaintiff injured when fell through laserlite roof.  Serious brain injury.  Duty to warn only duty relied on by plaintiff. Whether... view this page
• McMurray v AIG Insurance Australia Ltd Builder’s insurance. Tokio Marine & Nichido Fire Insurance. Fire destroyed home undergoing renovations. Whether painters were “Subcontractors” and entitled to... view this page
• Christos v Curtin University On appeal client was successful. At trial client was successful.  University client. Personal injury. Employment. University lecturer. Psychiatric illness.  Depressive disorder. ... view this page
• WFI Insurance Ltd v Verini On appeal client was successful. At trial client was successful.  Owner builder client. House contents insurance. Liability of owner builder. Residential house balcony collapse. B... view this page
• Kelly v Bluestone Global Ltd (In liq) On appeal client was successful. At trial client was successful.  Labour hire company client. Work accident.  Loader and truck at mine site. No breach of duty. Res ipsa loquitur.... view this page
• PG & AM Boyle v Yeing On appeal client was successful. At trial client was successful.  Wheat farmer client. Property damage from escape of fire.  Negligence.  Prescribed burning/controlled burning o... view this page
• Austin v Verini On appeal client was successful. At trial client was successful.  Owner builder client. House contents insurance. Owner builder in claim against insurer. Liability of owner builde... view this page
• Christos v Curtin University of Technology [No 2] On appeal client was successful. At trial client was successful.  University client.  Psychiatric illness.  Lecturer at university suffering from major depressive disorder.  Di... view this page
• Fortescue Metals Group Ltd v Underwriting Members of XL Syndicate 1209 at Lloyds for the 2004 and 2005 Underwriting Years of Account Interlocutory decision. Mining company client was successful.  Directors and Officers Insurance.  Claim for indemnity for Defence Costs of proceedings brought by Australian and S... view this page
• Maxwell v Highway Hauliers Pty Ltd Before High Court client was successful.  On appeal client was successful before Court of Appeal. At trial client was successful. Road transport company client. Heavy haulage vehi... view this page
• Acebrook Corporation Pty Ltd v McEwan On appeal client was successful. At first instance client was not successful.  Farm company client. Workers’ Compensation. Application for review of decision of Director of ... view this page
• Ward v Metlife Insurance Ltd On appeal client was not successful, by majority. One appeal judge would have dismissed the appeal in favour of client. At trial client was successful. Life insurer client. Income ... view this page
• Yeing v PG & AM Boyle At trial client was successful. Respondent client was successful on appeal. Property damage from escape of fire.  Negligence.  Prescribed burning/controlled burning of stubble on... view this page
• Austin v The Electricity Networks Corporation On appeal client was successful. At trial client was successful.  Electricity supplier client. Public liability. Trespasser in transformer compound at disused quarry. High voltage... view this page
• Kelly v Humanis Group Limited On appeal client was successful. At trial client was successful.  Labour hire company client. Vicarious liablity for conduct of employee.  Driver of haulpak truck injured at iron... view this page
• McEwan v Director of Dispute Resolution On appeal client was successful. At first instance client was not successful.  Farm company client. Workers’ compensation. Application for writ of certiorari against Directo... view this page
• Maxwell v Highway Hauliers Interlocutory decision, client was successful.  Insurers unreasonably failed to accept settlement offer for appeal. Ordered to pay indemnity costs from date when offer ought to ha... view this page
• Maxwell v Highway Hauliers Before High Court client was successful.  On appeal client was successful before Court of Appeal. At trial client was successful. Road transport company client. Heavy haulage vehi... view this page
• Austin v The Electricity Networks Corporation [No 2] On appeal client was successful. At trial client was successful.  Electricity supplier client. Public liability. Trespasser in transformer compound at disused quarry. High voltage... view this page
• Thomas Peacock v Abreu On appeal client was successful. At first instance client was not successful. Bed manufacturer client. Employer’s liability. Limitation period. Writ issued more than 3 years ... view this page
• Ward v MetLife On appeal client was not successful, by majority. One appeal judge would have dismissed the appeal in favour of client. At trial client was successful. Life insurer. Income protect... view this page
• Secure Parking (WA) Pty Ltd v Wilson On appeal client was successful. At first instance client was not successful. Car park company client. Appeal allowed from summary dismissal of actions as abuse of process. Actions... view this page
• Daebo Shipping v The Ship ‘Go Star’ On appeal client was successful. At trial client was not successful. Shipping company client. Claim for delivery up of bunkers. Claim for damages for interference with contract (ch... view this page
• Taylor v Hanseatic Marine At trial client was successful. Ship building company client. Employer’s liability. Employee working overseas on yacht and injured when travelling on a tender from harbour to... view this page
• Highway Hauliers v Maxwell Before High Court client was successful.  On appeal client was successful before Court of Appeal. At trial client was successful. Road transport company client. Heavy haulage vehi... view this page
• Parlin v ChoiceOne Pty Ltd On appeal client was successful before Court of Appeal. At trial client was not successful. Labour hire company client. Work accident. Hired driller’s offsider injured from f... view this page
• Van der Velde v Halloran On appeal client was successful. Car crash. Failure of trial judge to give adequate reasons for decision. Dispute between medical experts about cause of plaintiff’s ongoing s... view this page
• Daebo Shipping v The Ship ‘Go Star’ On appeal client was successful. At trial client was not successful. Shipping company client. Claim for delivery up of bunkers. Claim for damages for interference with contract (ch... view this page
• Divjakoski v Boral Window Systems On appeal client was successful. At trial client was successful. Window manufacturer client. Appeal dismissed from trial judgment dismissing claim for damages. Work accident. Hired... view this page
• Barns v Parlin Pty Ltd On appeal client was successful. At trial client was not successful. Labour hire company client. Work accident. Hired driller’s offsided injured from fire on drill rig at min... view this page
• Alstom Limited v Liberty Mutual Insurance Interlocutory decision.  Client was successful. Marine insurance. Gas turbine transformers damaged during sea voyage. Claim for production of documents in possession of Indian man... view this page
• Brien v Hamersly Iron Pty Ltd At trial client was successful. Mining company client. Work accident. Contract geologist. Received workers’ compensation in Victoria. Claimed damages for negligence in Wester... view this page
• Divjakoski v Boral Window Systems On appeal client was successful. At trial client was successful. Window manufacturer client. Work accident. Hired labourer allegedly injured from fall on wet floor surface. No fore... view this page
• Secure Parking (WA) Pty Ltd v Francis and McPhee Interlocutory decision. Client was successful. Lawyer. Claim in negligence against bankrupt solicitor. Leave to commence and continue proceedings in Supreme Court of Western Austra... view this page
• Le Brun v Joseph, Bested, Kearon and Kalgoorlie Regional Hospital On appeal client was successful. At trial client was successful.  Hospital and doctor clients.  Alleged medical malpractice. Headaches. Rupture of undiagnosed cerebral arterioven... view this page
• Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys On appeal client was successful. At trial client was not successful.  Road transport company client. Appeal allowed. Cross appeal dismissed. Negligence established. Neither BGC no... view this page
• Jasmina Investments Pty Ltd v Vlahos On appeal client was successful. Motel operator client. Work accident. Injured knee when kneeling on bar stool and changing light globe. Ladder available but not used. Appeal allow... view this page
• Drexel London v Gove and others On appeal client was successful. Strata company client. Architects, engineers, local government (City), and strata company. Catastrophic apartment residence balcony collapse at New... view this page
• Auxil Pty Ltd v Terranova On appeal client was successful. Real estate agent client. Misrepresentation about value of offer to buy land. Whether unaccepted offers admissible evidence of value... view this page
• Perpetual Trustees WA Ltd v Macfarlane At trial client was successful.  Beneficiary under will client. Will dispute. Gift by testator of interest in group of shops to his daughters in equal shares. Ultimate devolution ... view this page
• Jubilee Mines NL v Riley On appeal client was not successful. At trial client was successful. Claim by former shareholder client for loss on shares sold at undervalue. Continuous disclosure obligations of ... view this page
• Clambake Pty Ltd v Tipperary Projects Pty Ltd (No.3) At trial client was successful. Real estate agent client. Leased warehouse. Stored antiques, paintings and curios destroyed by fire. Allegation that premises should have contained ... view this page
• DP World Australia Ltd v Fremantle Port Authority On appeal client was successful. At first instance client was successful.  Stevedoring company client. Property damage to port authority’s ship unloader in storm. Negligence... view this page
• Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys On appeal client was successful. At trial client was not successful.  Road transport company client. Collision on road to mine site between Westina’s prime mover and trailer... view this page
• Secure Parking Pty Ltd v Wilson and Nullagine Pty Ltd On appeal client was successful.  Car park company client. Sale of car park business to proposed assignee of lease. Lease not assigned.  Vendor / lessee failed to renew lease for... view this page
• Phosphate Resources Ltd v Minister for the Environment, Heritage & The Arts At trial client was successful.  Phosphate company client. Judicial review of decision by Minister refusing permission for further mining of phosphate on Christmas Island. Decisio... view this page
• Do v King Edward Memorial & Princess Margaret Hospitals Board At trial client was successful. Maternity hospital client. Alleged malpractice. Baby born with severe brain damage. Not caused by conduct of hospital or its staff... view this page
• A Goninan Ltd v Direct Engineering Services Pty Ltd (No.2) On appeal client was successful. Rail maintenance company client. Subrogated claim by insurer. Agreement by contractor to obtain insurance for sub-contractors. Damage by fire to co... view this page
• Do v King Edward Memorial & Princess Margaret Hospitals Board At trial client was successful. Interlocutory decision. Maternity hospital client. Alleged malpractice. Baby born with severe brain damage. Pleading causation. Particulars of causa... view this page
• Clambake Pty Ltd v Owston Nominees No.2 At trial client was successful. On interlocutory appeal client was not successful. Real estate agent client. Warehoused antiques, paintings and curios destroyed by fire. Factual fo... view this page
• Vero Insurance Ltd v Harden-Jones Client was successful. Interlocutory decision.  Housing indemnity insurance. Whether indemnity by builder re-insurance. Illegality. Application to strike out pleading.... view this page
• Fremantle Port Authority v DP World Australia Ltd On appeal client was successful. At first instance client was successful. Stevedoring company client. Damage to FPA’s ship unloader in storm. Negligence. Indemnity contract. ... view this page
• Clambake Pty Ltd v Tipperary Projects Pty Ltd (No.2) At trial client was successful. Interlocutory decision. Real estate agent client. Warehoused antiques, paintings and curios destroyed by fire. Factual foundation of expert evidence... view this page
• Vero Insurance Ltd v Harden-Jones Client was successful. Interlocutory decision. Housing indemnity insurance. Whether indemnity by builder re-insurance. Illegality. Summary judgment.... view this page
• Riley v Jubilee Mines NL On appeal client was not successful. At trial client was successful.  Claim by former shareholder client for loss on shares sold at undervalue. Failure by listed company to disclo... view this page