Geoffrey Hancy - Barrister

Cases // Dispute Resolution - Civil & Commercial

Adviser and advocate in mediations, trials, arbitrations, and appeals in a wide range of types of cases over many years.  In addition, has acted as a mediator and as an arbitrator.

Contract - general insurance, life insurance, marine insurance, professional liability, sale of land, lease, sale of business, indemnity and building contracts, design and manufacture, equipment supply, employment, labour services, charterparty, and computer software.

Financial loss - misleading conduct, loss of a chance, professional liability and defamation.

Property damage - defective products, lost vessels, cyclone, flood, business fires, house fires, and bushfires.

Personal injury and fatal accidents.

Other  - confidential information, injunctions, conflicts of law, disputes between companies and shareholders, banks and customers, deceased estates, review of government decisions, inquests, Royal Commission and Parliamentary inquiry.

2022
[2022] WASCA 61
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 1988.   Indemnity disputed by QBE on ground school failed to comply with “reasonable precautions” condition.  QBE failed at trial and on appeal.  IAG, client was successful in opposing QBE’s appeal.

[2022] WASCA 57
Chester v WA Country Health Service

Liability of hospital for alleged negligence.  Appeal from a decision that the defendant hospital was not liable to pay damages to a patient with a shoulder dislocation who was not referred for advice from an orthopaedic surgeon. Trial judge held that he was not satisfied that early referral would have made any difference to the outcome.  Different opinions expressed by orthopaedic surgeon expert witnesses on conservative or surgical treatment and nature of surgery and outcomes.  No express findings on duty and breach of duty.  Appeal allowed on ground that trial judge gave inadequate reasons for his decision. Retrial ordered. Hospital client was not successful

2021
[2021] WASC 300
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 fire caused by spontaneous combustion of rags soaked in timber stain product left by painters during refurbishment (“renovations”) works. Competing theories on cause of fire. Evidence of an intruder. Cause not proven by insurer. Insurer liable. Admittedly negligent failure by insurance broker to obtain appropriate insurance. Broker not liable on ground that insurer liable and no loss by insureds. Client was successful

[2021] WADC 42
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 school for indemnity against three liability insurers, QBE, IAG and Berkshire Hathaway.  The terms of settlement were recorded in a confidential deed.  IAG was the only insurer that admitted liability to indemnify but was willing to pay no more than half, supporting the school’s claim that QBE was also liable to indemnify.  All three insurers were found liable to indemnify the school for the full amount of the settlement. IAG, client was successful.

2020
[2020] WASCA 164
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 duty to warn.  Whether obvious risk. On appeal client was successful.  Appeal dismissed

[2020] WADC 103
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 plaintiff and defendant.  Whether damages includes amount of settlement repaid to workers’ compensation insurer and defendant’s legal costs of defending plaintiffs claim. Workers’ Compensation exclusion. Amount of deductible.  Consequence of delay in notifying claim. Settlement of plaintiff’s claim without insurer’s consent. At trial client was successful against insurer.

[2019] WASCA 121
BGC Australia) Pty Ltd v Machali

Workers’ compensation.  Whether weekly payments of compensation following “step down” after week 13 include overtime. Whether “overtime” paid on a regular basis is an “allowance” and within “Amount Aa” for the purposes of calculating “weekly earnings”. On appeal client was not successful

[2019] WADC 115
Trac v Fero Reinforcing

Trial of preliminary issues. Effect on worker’s election to retain the right to damages where assessment of worker’s degree of impairment was not carried out in accordance with s93N of the Workers Compensation and Injury Management Act 1981. At trial client was not successful

[2019] WASC 55
Ardizzone v Valentino Nominees Pty Ltd

Liability of vendor of land. Liability of real estate agent.  Breach of contract. Vendor’s warranty. General Conditions. Requirement made by governmental authority. Misleading conduct by non-disclosure.  Reasonable expectation of disclosure. Causation. Apportionment where one wrongdoer received a substantial benefit. Notice declaring an environmentally sensitive area. Threatened ecological community. ‘Determined’. At trial client was not successful

2018
[2018] WASCA 153
The State of Western Australia v Leicester

Fire loss claims. Multiple claims. Margaret River bush fires. Whether plaintiffs’ insurer entered into binding settlement agreement. Extent of claims not covered by the settlement.  On appeal client was not successful regarding ambit of settlement release of claims

[2018] WASC 144
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 indemnity under liability cover.  Whether owners were “Principals” and entitled to property cover for damage to renovation works.  Client was successful at trial of preliminary issue.

2017
[2017] WADC 162
Leicester v State of Western Australia

Fire loss claims. Multiple claims. Margaret River bush fires. Whether plaintiffs’ insurer entered into binding settlement agreement. Extent of claims not covered by the settlement. At trial client was not successful regarding ambit of settlement release of claims

[2017] WASCA 151
Perrine v Carrello

On appeal client was not successful. Companies. Insolvent trading by directors of architectural company. Identification of loss suffered by creditor by reason of the insolvency of the debtor company

[2017] WASCA 110
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. Alleged negligence by university staff by “bullying, harassment and victimisation”.  Unsuccessful claim for damages.  Appeal dismissed

[2016] WASCA 90
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. Whether control of employee and vicarious liability transferred from employer to third party. Future economic loss

2015
[2015] WASCA 241
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 of stubble on farm land.  Damage to neighbour’s machinery. Failure to maintain watch for sufficient time and prevent escape of fire.  Competing expert evidence on fire management. Respondent’s expert evidence preferred at trial. Appeal dismissed

[2015] WASC 258
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 builder. In 1993 defendant owner builder constructed home with external balcony. Balcony collapsed in 2009 and plaintiffs were injured.  Exclusion in insurance policy for liability arising out of breach of duty as owner. Liability held to arise from activity of building house and not as owner. Third party insurer, WFI Insurance, liable to indemnify insured

[2015] WASC 72
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.  Dismissed from permanent tenured employment.  Alleged bullying harassment and victimisation by numerous staff.  Claims for damages in contract and negligence dismissed

2014
[2014] WASC 422
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 Securities Investments Commission and successfully defended.  Order for trial of liability issues before quantum.

[2014] WADC 147
Sovereign Grange Pty Ltd v Gwynfor Pty Ltd

No appeal. At trial client was not successful.  Tyre seller client. Road transport.  Prime mover and trailers ran off highway and were damaged when steer tyre catastrophically failed after over 170,000 km of use.  Seller of tyre held liable for breach of implied contractual terms of fitness for purpose and merchantable quality.

[2014] HCA 33
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 vehicle insurance. Insurance Contracts Act (Cth) s54. After contract made insured prime movers were driven by drivers who were not ‘PAQS’ tested, contrary to a term of policy.  Decision of trial judge and Court of Appeal, requiring insurers to indemnify insured, upheld. Insurers’ appeal to the High Court dismissed

[2014] WASCA 162
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 WorkCover by writ of certiorari. Refusal to extend ‘termination day’.  Worker not able to claim damages.  Calculation of ‘last day of the period of one year after’ the termination day. Appeal allowed and worker’s application dismissed

[2014] WASCA 119
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 protection insurance. Former director of accounting firm. Depression. Terms “Occupation”, “Disabled”.

[2014] WADC 54
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 farm land.  Damage to neighbour’s machinery. Failure to maintain watch for sufficient time and prevent escape of fire.

[2014] WASCA 89
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 electricity.  Electric shock from 22kV (22,000 volt) power lines to transformer. Loss of both legs. Plaintiff/Appellant engaged in criminal conduct. Defence under Offenders (Legal Action) Act 2000 (WA). Plaintiff’s appeal to the Court of Appeal dismissed

[2014] WADC 43
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 ore mine. Rear tray of haulpak struck by bucket of loader. Claim for damages against labour hire company who employed the loader driver. No negligence. Transfer of control of employee to mining contractor. Loader driver employee pro hac vice of the mining contractor. Labour hire company not vicariously liable for conduct of its employee

[2014] WASCA 11
St John of God Health Care v Austin

On appeal client was not successful, but by majority decision.  One appeal judge would have allowed the appeal in favour of health care company client. .  At first instance client was not successful.  Workers’ compensation. Worker failed to make election to retain right to claim damage before commencing proceedings for damages

2013
[2013] WASC 355
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 Director. Failure to extend ‘termination day’ to enable worker to elect to claim damages

[2013] WASCA 115 (S)
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 have been accepted.

[2013] WASCA 115
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 vehicle insurance. Decision of trial judge, requiring insurers to indemnify insured, upheld. Insurers’ appeal dismissed

[2013] WADC 41
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 electricity.  Electric shock from 22kV (22,000 volt) power lines to transformer. Loss of both legs. Engaged in criminal conduct. Defence under Offenders (Legal Action) Act 2000 (WA). Claim dismissed

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