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.

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

[2010] FMCA 191
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 Australia, granted retrospectively (nunc pro tunc) by Federal Magistrates Court

[2010] WASCA 52
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 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

2009
[2009] WASC 369
Ward v Keet

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

[2009] WASCA 181
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 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 [2010] HCA Trans 147

[2009] WASCA 163
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

[2009] WASC 52
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 activated automatic fire sprinkler system. Alleged negligence or misleading conduct. Action dismissed

[2008] WADC 118
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

[2008] WADC 21
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 causation.

[2007] WASCA 286 (2007) 35 WAR 394
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 foundation of expert evidence.

[2007] WASC 244
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.

Earlier Cases
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