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.
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
Interlocutory decision. Client was successful. Lawyer. Claim in negligence against bankrupt solicitor. Leave to commence and continue proceedings in Supreme Court of Western Australia, granted retrospectively (nunc pro tunc) by Federal Magistrates Court
On appeal client was successful. At trial client was successful. Hospital and doctor clients. Alleged medical malpractice. Headaches. Rupture of undiagnosed cerebral arteriovenous malformation. Failure by doctors and hospital to refer for CT scan or to neurologist or neurosurgeon. Brain damage. Appeal from finding that damage not caused by conduct of defendants
At trial client was not successful. Accountant client. Alleged liability for estate funds misappropriated by fraudulent employee. Whether claim settled at mediation. Essential term for timing of payments by instalments not agreed. Whether misrepresentation induced accountant to enter into settlement agreement
On appeal client was successful. Strata company client. Architects, engineers, local government (City), and strata company. Catastrophic apartment residence balcony collapse at New Year’s Eve party. Supporting timber (oregon) not appropriate for exterior use. Thirty five injured partygoers. Strata company and local council not liable. Architects and engineers liable.
Applications to the High Court for special leave to appeal were dismissed on 28 May 2010  HCA Trans 147
On appeal client was successful. Real estate agent client. Misrepresentation about value of offer to buy land. Whether unaccepted offers admissible evidence of value
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 activated automatic fire sprinkler system. Alleged negligence or misleading conduct. Action dismissed
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
At trial client was successful. Interlocutory decision. Maternity hospital client. Alleged malpractice. Baby born with severe brain damage. Pleading causation. Particulars of causation.
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 foundation of expert evidence.