Geoffrey Hancy - Barrister

Earlier Cases // Dispute Resolution – Civil & Commercial

Date Name Of Matter Citation/Court Details
2009
01/04/2009 Phillips v ING Life Limited [2009] FCA 283

An appeal was fully argued but settled before judgment. At trial client was not successful.  Life insurance contract beneficiary client. Life insurance contract. Barrett’s oesophagous. Whether non-disclosure or misrepresentation. Whether waiver of duty of disclosure. Compliance with s.29(4) of Insurance Contracts Act 1984 (Cth).

This decision was the subject of an appeal to the Full Court of the Federal Court (on grounds of misapprehension of medical evidence and erroneous finding as to who was the insured’s personal representative).The appeal was fully argued but the case settled before an appeal judgment was delivered

24/03/2009 Perpetual Trustees WA Ltd v Macfarlane [2009] WASC 61

At trial client was successful.  Beneficiary under will client. Will dispute. Gift by testator of interest in group of shops to his daughters in equal shares. Ultimate devolution of share of childless daughter.

18/03/2009 Jubilee Mines NL v Riley [2009] WASCA 62

On appeal client was not successful. At trial client was successful. Claim by former shareholder client for loss on shares sold at undervalue. Continuous disclosure obligations of public listed company. Information required to be disclosed

10/03/2009 Clambake Pty Ltd v Tipperary Projects Pty Ltd (No.3) [2009] WASC 52

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

16/01/2009 DP World Australia Ltd v Fremantle Port Authority [2009] WASCA 16

On appeal client was successful. At first instance client was successful.  Stevedoring company client. Property damage to port authority’s ship unloader in storm. Negligence. Indemnity contract. Previous claim by injured worker. Issue estoppel. Res judicataAnshun estoppel. Appeal from decision [2007] WADC 202 dismissing application by DP World for defendant’s summary judgment

2008
23/12/2008 Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys [2008] WADC 183

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

19/12/2008 Secure Parking Pty Ltd v Wilson and Nullagine Pty Ltd [2008] WASCA 268 (2008) 38 WAR 350

On appeal client was successful.  Car park company client. Sale of car park business to proposed assignee of lease. Lease not assigned.  Vendor / lessee failed to renew lease for purchaser’s benefit.  Implied term. Duty of parties to cooperate

24/10/2008 Carpenter v Hinkley [2008] WADC 161

No appeal was instituted. At trial client was not successful.  Farmer client. Escape of fire. Damage to farm land caused by overheated failed bearing of crop harvester. Negligence. Breach of duty of care for failure to have bearings inspected by mechanic before harvesting season

13/10/2008 Phosphate Resources Ltd v Minister for the Environment, Heritage & The Arts [2008] FCA 385

At trial client was successful.  Phosphate company client. Judicial review of decision by Minister refusing permission for further mining of phosphate on Christmas Island. Decision of the MInister set aside. Minister failed to take into account Environmental Impact Statement and failed to apply correct statutory test under the Environment Protection and Biodiversity Conservation Act 1999 (Cth)

28/08/2008 Do v King Edward Memorial & Princess Margaret Hospitals Board [2008] WADC 118

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

15/05/2008 A Goninan Ltd v Direct Engineering Services Pty Ltd (No.2) [2008] WASCA 112

On appeal client was successful. Rail maintenance company client. Subrogated claim by insurer. Agreement by contractor to obtain insurance for sub-contractors. Damage by fire to construction works by sub-contractor’s negligence. Insurance of sub-contractors. Application for special leave to appeal to the High Court dismissed [2008] HCATrans 380

14/02/2008 Do v King Edward Memorial & Princess Margaret Hospitals Board [2008] WADC 21

At trial client was successful. Interlocutory decision. Maternity hospital client. Alleged malpractice. Baby born with severe brain damage. Pleading causation. Particulars of causation.

18/01/2008 Clambake Pty Ltd v Owston Nominees No.2 [2007] WASCA 286 (2007) 35 WAR 394

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
01/12/2007 Vero Insurance Ltd v Harden-Jones [2007] WADC 210

Client was successful. Interlocutory decision.  Housing indemnity insurance. Whether indemnity by builder re-insurance. Illegality. Application to strike out pleading.

02/11/2007 Fremantle Port Authority v DP World Australia Ltd [2007] WADC 202

On appeal client was successful. At first instance client was successful. Stevedoring company client. Damage to FPA’s ship unloader in storm. Negligence. Indemnity contract. Previous claim by injured worker. Issue estoppel. Res judicataAnshun estoppel.

23/10/2007 Clambake Pty Ltd v Tipperary Projects Pty Ltd (No.2) [2007] WASC 244

At trial client was successful. Interlocutory decision. Real estate agent client. Warehoused antiques, paintings and curios destroyed by fire. Factual foundation of expert evidence.

19/06/2007 Vero Insurance Ltd v Harden-Jones [2007] WADC 98

Client was successful. Interlocutory decision. Housing indemnity insurance. Whether indemnity by builder re-insurance. Illegality. Summary judgment.

30/03/2007 Leblanc Communications Australia Pty Ltd v Fero Industries Pty Ltd [2007] WADC 57

Contract to paint and coat structural steel works. Alleged defective work. Misleading conduct. Breach of contract. Documents referred to in pleadings.

2006
20/12/2006 Twinbrook Corporation Pty Ltd v Mayne [2006] WASC 293

Contract for sale of land and hotel. Liquor licence. Development application. Whether contract void for illegality, uncertainty, or non-fulfilment of condition.

06/09/2006 Riley v Jubilee Mines NL [2006] WASC 199

On appeal client was not successful. At trial client was successful.  Claim by former shareholder client for loss on shares sold at undervalue. Failure by listed company to disclose to ASX information likely to affect share price

23/05/2006 Snelgar v Westralia Airports Corporation [2006] WASCA 83

Contract to indemnify against injury.  Concession for trolleys at airport.

2005
11/03/2005 Inquest into deaths of Judith Ward and Lorraine Melia Coroner's Court

Inquest into deaths caused by Tenterden Bush Fire in December 2003. Fire caused by clashing of Western Power overhead power lines. 7 to 16 Dec 2004, 24 Jan to 3 Feb 2005

2004
22/12/2004 Mostert v Durban Roodeport Deep Ltd [2004] WASCA 309

Mareva injunction. Special leave to appeal to High Court refused http://www.austlii.edu.au/au/other/HCATrans/2005/892.html

15/12/2004 Young v National Australia Bank Ltd [2004] WASCA 298 (2004) WAR 505

Pleadings. Claim against guarantor.  Equitable set-off of principal debtor

11/06/2004 Re Woods; Braysich v ASIC [2004] WASCA 120

Return of order nisi for Writ of Prohibition. Share trading offences under Corporations Act. Jurisdiction of Western Australian Courts in Federal criminal matter.

27/05/2004 Summit Chemicals Pty Ltd v Vetrotex Espana SA [2004] WASCA 109

Product liability. Amendment of statement of claim against third party overseas manufacturer.

2003
23/12/2003 Eliezer v Total Marine Services Pty Ltd Equal Opportunity Tribunal WA

Alleged hearing impairment discrimination and victimisation. Oil rig radio operator.

04/12/2003 Aqua Technics (WA) Pty Ltd v Summit Chemicals Pty Ltd [2003] WASC 242

Product liability. Severing third party claim.

30/10/2003 Mostert v Durban Roodepoort Deep [2003] WASC 219

Confidentiality agreement. Injunction.

10/10/2003 Shire of Brookton v Water Corporation & Ors [2003] WASCA 240

Occupier’s liability. Escape of fire. Bushfire.

19/09/2003 Glendalough Holdings Pty Ltd v Summit Chemicals Pty Ltd [2003] WASC 183

Product liability claim. Application by overseas manufacturer to set aside order granting leave to issue third party notice outside Western Australia.

19/09/2003 Aqua Technics (WA) Pty Ltd v Summit Chemicals Pty Ltd [2003] WASC 182

Product liability. Application to amend third party statement of claim against overseas manufacturer.

31/07/2003 Ex parte Braysich [2003] WASC 143

Order nisi for Writ of Prohibition. Share trading offences under Corporations Act. Jurisdiction of Court of Petty Sessions.

01/07/2003 Snelgar v Westralia Airports Corporation [2003] WADC 151

Occupiers’ liability. Contractual indemnity. Public liability. Work accident.

16/06/2003 Mermaid Marine v Tamboritha Consultants Commercial Arbitration

Arbitration. Charterparty. Alleged indemnity for loss of ROV.

2002
04/12/2002 Brechin and ors v Shire of Brookton [2002] WASC 296

Escape of fire. Farmland fire. Bush fire. Local authority. Negligence. Nuisance. Trial costs.

25/09/2002 Brechin and ors v v Shire of Brookton [2002] WASC 228

Bush fire. Local authority. Negligence. Nuisance.

26/06/2002 Byrne v Twaddle & Ors WA Industrial Relations Commission

Employment law. Unfair dismissal.

14/09/2001 Brymac v Hall & Mladin Pty Ltd [2001] WADC 217

Dispute between employers and their insurers. Recovery of injury compensation.

04/09/2001 Afkos Industries v UDR Equipment Commercial arbitration

Arbitration. Manufacturing contract. Drill rods

03/05/2001 Aqua Technics (WA) v Summit Chemicals [2001] WASC 110

Product liability claim. Application to join defendants.

03/03/2001 Afkos Industries v UDR Equipment Commercial arbitration

Manufacturing agreement. Drill rods

2000
13/03/2000 Afkos Industries v UDR Equipment [2000] WASC 57 (2000) 22 WAR 221

Leave to appeal. Arbitration. Appeal from decision of arbitrator. Manufacturing agreement. Drill rods

21/02/2000 Davey v Ron Farris Real Estate Pty Ltd [2000] WASCA 58

Real estate agent. Breach of contract. Fiduciary duty. Action struck out as abuse of process

1999
19/11/1999 Afkos Industries v UDR Equipment Commercial arbitration

Manufacturing agreement. Drill rods

29/10/1999 Davey v Ron Farris Real Estate Pty Ltd [1999] WASC 207

Real estate agent. Breach of contract. Fiduciary duty. Action struck out as abuse of process

28/09/1999 Water Corporation & Ors v Shire of Brookton WA Full Court

Bush fire. Damage to farms. Leave to appeal. Procedure.

05/05/1999 Water Corporation & Ors v Shire of Brookton [1999] WASC 3

Bush fire. Negligence. Nuisance. Breach of statutory duty. Damage to farms

04/03/1999 Brambles v WMC Engineering Services WA Full Court

Transport contract. Incorporation of terms. Bailment.

05/02/1999 Lapelerie v Rogers District Court of WA

Breach of contract. Mining equipment & plant. Detinue. Conversion.

1998
09/09/1998 Commissioner, Public Service Commission v Civil Service Association Supreme Court of WA Industrial Appeals (1998) 78 WAIG 3630

Employment law. Enterprise bargaining and awards. Industrial appeal

29/07/1998 Dent v Keep Australia Beautiful Council WA Industrial Relations Comm [1998] WAIRCom 152

Employment law. Unfair dismissal. Confidential information. Conflict of interest

23/07/1998 Nicholson v Enerview Pty Ltd Supreme Court of WA

Common purpose enterprise. Fiduciary duty. Strike out.

07/01/1998 Monadelphous Engineering Associates Pty Ltd v Agnew Mining Co Pty Ltd District Court of WA

Mining labour services contract. Contract indemnity.

1997
17/06/1997 Micromine Pty Ltd v Trinton Group Pty Ltd Supreme Court of WA

Intellectual property. Computer software. Injunction

28/05/1997 Anthony & Sons Pty Ltd v Basilan Lines Inc Supreme Court of WA

Contract. Injunction. Construction of ferry.

1996
12/09/1996 Golden West Refining v Daly Laboratories Federal Court of Australia Full Court (1996) ATPR (Digest) 46-160

Product liability. Gold refining equipment. Contaminated acid

24/06/1996 Ossmun Pty Ltd v Woodward Holdings Pty Ltd District Court of WA

Commercial tenancy. Rent review.

1995
04/12/1995 Fuller v CDC Graphics Pty Ltd District Court of WA

Employment law. Employment contract

22/06/1995 Hampton Areas Australia Ltd v Boral Resources WA Ltd Supreme Court of WA

Arbitration agreement. Mining.

05/01/1995 Golden West Refining v Daly Laboratories Federal Court [1995] ATPR 41-378

Product liability. Gold manufacturing equipment. Contaminated acid.

1994
12/08/1994 Myer Stores Ltd v Australian Mutual Provident Society District Court of WA 1995) 11 SR(WA) 216

Lease

24/03/1994 Sellars v Adelaide Petroleum NL High Court of Australia (1994) 179 CLR 332

Trade Practices. Loss of chance. Damages.

1993
16/06/1993 Metaxas v Public Service Commissioner WA Industrial Relations Commission - Public Service Appeal Board

Employment law. Senior public servant.

28/04/1993 Subiaco Home Base Management Pty Ltd v Baryo Investments Pty Ltd Supreme Court of WA

Injunction

14/01/1993 Tymor Pty Ltd v Executor Holdings Pty Ltd Supreme Court of WA Full Court

Security for costs.

1992
19/10/1992 Royal Commission into Activities of Government & other matters (“WA Inc”) -1992 Teachers Credit Society -1993 Swan Building Society Royal Commission

Commercial activities of WA Government. Swan Building Society. Teachers Credit Society.

22/02/1992 Perpetual Trustees WA Ltd v Kelly Supreme Court of WA (1993) 8 WAR 480

Trustees. Securities.

1991
22/03/1991 Haselhurst v Wright Supreme Court of WA (1991) 4 ACSR 527

Injunction. Building society.

12/02/1991 Tsaklidis v Orriell WA Full Court

Contract

1990
05/03/1990 Trotman v Trotman Supreme Court of WA

Inheritance Act.

1987
30/11/1987 Cliffs Robe River v Dravo WA Full Court [1988] WAR 322

Negligence. Mining plant. Procedure. Effect of consent orders. Loss of evidence.

12/08/1987 Worsley Timber v Johnson & Lynn – Shire of Mullewa Supreme Court of WA Full Court

Real property. Injunction.

1986
28/05/1986 Hulme v Great Eastern Mining Supreme Court of WA

Injunction. Mining.

06/02/1986 Devereaux v Deputy Commissioner of Tax Federal Court of Australia (1986)19 FCR 550

Administrative law review. Employer’s group tax. Escort agency.

1985
22/11/1985 Monks & Co v Fields District Court of WA

Negligence. Poison pasture. Loss of livestock.

14/03/1985 Brakranich v Fisher District Court of WA

Contract. Sale of business.

1982
11/11/1982 Cameron v Taylor Supreme Court of WA

Defamation. Slander. Rock band. Nightclub.

07/09/1982 Moxham v Martin Testator’s family maintenance.

Supreme Court of WA

08/06/1982 Horobin v Yanchep Sun City Pty Ltd WA Industrial Commission (1982) 62 WAIG 2029

Employment law. Unfair dismissal.

1981
21/12/1981 Unit Concrete Pty Ltd v Civil & Civic and City Mutual Life Assurance Society Ltd Supreme Court of WA

Contract. Building dispute.

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