Geoffrey Hancy - Barrister

Earlier Cases // Insurance

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

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

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.

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.

2006
08/06/2006 Allison Pty Ltd v Lumley General Insurance Ltd (“Pilbara Pilot”) [2006] WASC 104

Marine insurance. Loss of vessel in cyclone. Whether claim excluded because vessel not moored on cyclone proof mooring.

2005
11/10/2005 Allianz Australian Insurance Ltd v Peters & Brownes Group [2005] WASCA 195

Dispute between workers’ compensation insurers. Liability to indemnify employer

12/08/2005 Techfarm Pty Ltd v AXA Insurance Australia Pty Ltd [2005] WASCA 151

Property insurance. Loss of orchids. Inspection of documents. Legal professional privilege. Investigation of insurance claim

2004
30/07/2004 Techfarm Pty Ltd v AXA Insurance Australia Pty Ltd [2004] WASC 166

Inspection of documents. Legal professional privilege. Investigation of insurance claim

26/05/2004 Insurance Commission of Western Australia v Container Handlers Pty Ltd [2004] HCA 24 (2004) 218 CLR 89

Compulsory third party injury motor vehicle insurance. Meaning of “directly caused by, or by the driving of, the vehicle”.

05/08/2003 Gibbs v Mercantile Mutual Pty Ltd [2003] HCA 39 (2003) 214 CLR 604

Marine insurance. Liability cover. Meaning of the “sea”.

2001
13/12/2001 Moltoni Corporation Pty Ltd v QBE Insurance [2001] HCA 73 (2001) 205 CLR 149

Insurance contract. Employers’ indemnity. Loss of chance. Prejudice. Section 54 of the Insurance Contracts Act

16/11/2001 Thiess Contracts Pty Ltd v Norcon Pty Ltd [2001] WASCA 364

Contract to obtain insurance. Indemnity dispute. Public liability

29/08/2001 Mercantile Mutual Insurance v Gibbs & Ors [2001] WASCA 271 (2001) 24 WAR 453

Marine insurance. Liability cover. Meaning of the “sea”. Appeal to High Court of Australia dismissed [2003] HCA 39

05/06/2001 Packer v Cigna Insurance [2001] WASCA 171

Disability insurance.  Limitation period

13/02/2001 Leighton Holdings Ltd v HIH Casualty & General Insurance Ltd [2001] WASC 34

Construction insurance. Strike out.

17/01/2001 Benson Brown v HIH Casualty & General Ins [2001] WASC 6

Marine insurance . Non-disclosure. Alleged misrepresentation and arson.

2000
22/12/2000 Packer v Cigna Insurance [2000] WASCA 415 (2000) 23 WAR 159

Disability insurance. Limitation period

02/04/2000 QBE Insurance v Moltoni Corporation Pty Ltd [2000] WASCA 82 (2000) 22 WAR 148

Employer’s liability insurance. Prejudice to insurer. Decision overturned by High Court of Australia [2001] HCA 73

14/01/2000 Packer v Cigna Insurance [2000] WADC 3

Disability insurance

1999
12/11/1999 Morrell v Mercantile Mutual Insurance (1999) 21 WAR 451

Marine insurance. Procedure. Joinder of parties to appeal.

23/04/1999 Symons v Moltoni Corporation Pty Ltd District Court of WA

Employer’s liability. Insurance indemnity.

21/04/1999 Morrell v Harford & Gibbs & Paraglide Pty Ltd District Court of WA

Public liability. Marine insurance

1998
30/07/1998 Fala v FAI Insurance District Court of WA (1998) 19 SR(WA) 355

Motor vehicle insurance. Alleged arson.

10/06/1998 Goldsworthy v Eltin Open Pit Operations District Court of WA

Insurance. Indemnity. Public liability

19/04/1998 Woodside Petroleum Development Pty Ltd v H&R-E&W Pty Ltd & Ors (1998) 18 WAR 539

Marine insurance. Subrogation. Negligence. Engineers.

1997
04/12/1997 Woodside Petroleum Development Pty Ltd v H&R-E&W Pty Ltd & Ors (1998) 18 WAR 539 (1998) 10 ANZ IC 61-395

Marine insurance. Negligence. Engineers

21/08/1997 Murcia Holdings Pty Ltd v City of Nedlands Supreme Court of WA

Municipal liability scheme cover. Statutory Authority liability. Economic loss. Alleged negligent representation and dealing with town planning

09/06/1997 Murcia Holdings Pty Ltd v City of Nedlands Supreme Court of WA

Municipal liability scheme cover. Statutory Authority liability. Economic loss. . Alleged negligent representation and dealing with town planning

02/05/1997 Rose v SGIO Insurance Supreme Court of WA

Motor vehicle insurance

28/02/1997 Sun Alliance & Royal Insurance v Brandrill & Goddard Insurance Brokers WA Full Court

Public liability insurance

1996
06/12/1996 Co-operative Bulk Handling Pty Ltd v Jennings Industries Ltd (1997) 17 WAR 257 (1997) 9 ANZ IC 61-355

Employer’s indemnity. Public liability. Motor vehicle injury.

16/08/1996 Hacai Pty Ltd v Rigil Kent Pty Ltd WA Full Court

Public liability insurance. Contribution. Lease.

06/03/1996 Kelly v New Zealand Insurance WA Full Court (1996) 9 ANZ IC 61-317

House contents insurance. S54.  Good faith.

1995
09/01/1995 Co-operative Bulk Handling Ltd v Jennings Industries Ltd Supreme Court of WA (1995) 8 ANZ IC 61-286

Public liability insurance. Subrogation. Claim against co-insured.

1994
18/12/1994 Brown v Hacai Pty Ltd District Court of WA

Public liability insurance. Contribution. Lease

30/11/1994 Makowski v TVW Enterprises Ltd Supreme Court of WA

Employers indemnity. Successive insurers. Issue estoppel

1993
17/09/1993 Kelly v New Zealand Insurance Supreme Court of WA (1993) 7 ANZIC 61-197

Insurance. House contents. S54. Good faith.

21/05/1993 Caunt v Commercial Union District Court of WA

House insurance.

1992
04/06/1992 Frichot v RAC District Court of WA (1994) 9 SR(WA) 147

Motor vehicle insurance.

28/04/1992 Kelly v New Zealand Insurance Supreme Court of WA

Household contents insurance. S54. Good faith.

1991
05/09/1991 GRE Insurance v Bristile WA Full Court (1991) 5 WAR 440

Mesothelioma. Insurance

22/03/1991 Bristile v Boules District Court of WA

Mesothelioma. Insurance

1990
12/07/1990 Co-operative Bulk Handling v SGIC WA Full Court (1990) 3 WAR 145

Insurance. Subrogation. Indemnity

1989
10/08/1989 Cooperative Bulk Handling v SGIC Supreme Court of WA (1988) 1 WAR 206

Insurance. Indemnity

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