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