Geoffrey Hancy - Barrister

Cases // Professional Liability

Professionals and trades are susceptible to claims by dissatisfied clients. Geoff has advised and defended doctors, nurses, hospitals, ambulance officers, dentist, accountants, auditors, directors, lawyers, financial adviser, engineers, builder, real estate agents, and local government authorities. He has also acted for plaintiffs against doctors and other professionals.

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

[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

2016
[2016] WASCA 143
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. Breach of duty admitted. Exclusion for breach of duty as owner held inapplicable. Duty as builder. Insurer’s appeal 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.

[2012] WASC 185
Londsdale Investments Pty Ltd v OM (Manganese) Ltd [No 3]

At trial client was not successful. Process design engineers client. Design of manganese ore processing plant. Designed for dry free flowing ore. Mined ore was not free flowing. Process design engineers held liable for ‘rectification’ costs.

[2012] WADC 28
Banerjee v Shah

At trial client was not successful. Dentist client. Negligent prosthodontic treatment

Earlier Cases
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