Geoffrey Hancy - Barrister

Cases // Transport & Marine

Geoff has handled a wide variety of transport cases.

His record of decided transport cases starts with standard motor vehicle collisions, but spans unusual collisions such as between road trains, between road train and hauled caravan, with ship unloader, and with animals straying on to highways.

The cases have covered seafarer’s compensation, employment discrimination, sinking of vessel in a cyclone, goods lost at sea, what is the 'sea', parasailing, damage to shipped gas turbines, vessel fire, insurance non-disclosure, interference with contractual relations, payment for bunkers, charterparty, conflicts of law, bailment on terms, damaged ship unloader, port authority loss, aviation accidents.  He has acted in train derailment cases.

2014
[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

[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] FCA 116
Alstom Limited v Liberty Mutual Insurance

At trial client was not successful. Marine insurer client. Marine insurance. Gas turbine transformers damaged during sea voyage. Claim for production of documents in possession of Indian manufacturer relevant to packing. Insured held entitled to indemnity for repair costs

[2012] FCAFC 156
Daebo Shipping v The Ship ‘Go Star’

On appeal client was successful. At trial client was not successful. Shipping company client. Claim for delivery up of bunkers. Claim for damages for interference with contract (charterparty). Choice of law. Tort in Singapore. Owner liable for interference with contractual relations

[2012] WADC 136
Taylor v Hanseatic Marine

At trial client was successful. Ship building company client. Employer’s liability. Employee working overseas on yacht and injured when travelling on a tender from harbour to the yacht. Whether foreseeable risk of injury. Whether breach of duty. Casual act of negligence. Causation

[2012] FCA 907
Marine & Civil Construction Company v SGS Australia

At trial client was not successful. Marine and civil construction company client. Misleading conduct. Survey of sea fastenings for crane to be towed on ocean going barge. Report that lashings appeared satisfactory, despite factual inadequacy for sea voyage, held not to be misleading

[2012] WASC 53
Highway Hauliers v Maxwell

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. Operation of prime mover and trailer combinations by drivers who were not ‘PAQS’ tested. Section 54 of the Insurance Contracts Act precluded insurer from denying indemnity. By reason of breach of contract of insurance, insurer liable to pay damages for loss of opportunity to earn profits from replacement vehicle

[2011] FCA 1015
Daebo Shipping v The Ship ‘Go Star’

On appeal client was successful. At trial client was not successful. Shipping company client. Claim for delivery up of bunkers. Claim for damages for interference with contract (charterparty). Choice of law. Law of China held applicable

[2010] FCA 588
Alstom Limited v Liberty Mutual Insurance

Interlocutory decision.  Client was successful. Marine insurance. Gas turbine transformers damaged during sea voyage. Claim for production of documents in possession of Indian manufacturer relevant to packing

[2009] WASCA 213
Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys

On appeal client was successful. At trial client was not successful.  Road transport company client. Appeal allowed. Cross appeal dismissed. Negligence established. Neither BGC nor its driver entitled to indemnity. Bare indemnity. Reflexive indemnity. Privity of contract. Property Law Act 1969 section 11(2)

2008
[2008] WADC 183
Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys

On appeal client was successful. At trial client was not successful.  Road transport company client. Collision on road to mine site between Westina’s prime mover and trailer of approaching BGC road train. Prime mover hired to BGC. BGC driver negligently failed to keep trailer on correct side of road. Indemnity in hire contract. BGC and driver of road train held entitled to benefit of the indemnity

Earlier Cases
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