|Date||Name Of Matter||Citation/Court||Details|
|06/05/2013||Maxwell v Highway Hauliers|| WASCA 115||
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
|22/02/2013||Alstom Limited v Liberty Mutual Insurance|| FCA 116||
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
|26/11/2012||Ward v MetLife|| WADC 166||
On appeal client was not successful, by majority. One appeal judge would have dismissed the appeal in favour of client. At trial client was successful. Life insurer. Income protection insurance. Director of accounting firm. Depression. Held not disabled.
|21/02/2012||Highway Hauliers v Maxwell|| WASC 53||
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
|11/06/2010||Alstom Limited v Liberty Mutual Insurance|| FCA 588||
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
|01/04/2009||Phillips v ING Life Limited|| 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)|| 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  HCATrans 380
|01/12/2007||Vero Insurance Ltd v Harden-Jones|| 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|| WADC 98||
Client was successful. Interlocutory decision. Housing indemnity insurance. Whether indemnity by builder re-insurance. Illegality. Summary judgment.
|08/06/2006||Allison Pty Ltd v Lumley General Insurance Ltd (“Pilbara Pilot”)|| WASC 104||
Marine insurance. Loss of vessel in cyclone. Whether claim excluded because vessel not moored on cyclone proof mooring.
|11/10/2005||Allianz Australian Insurance Ltd v Peters & Brownes Group|| WASCA 195||
Dispute between workers’ compensation insurers. Liability to indemnify employer
|12/08/2005||Techfarm Pty Ltd v AXA Insurance Australia Pty Ltd|| WASCA 151||
Property insurance. Loss of orchids. Inspection of documents. Legal professional privilege. Investigation of insurance claim
|30/07/2004||Techfarm Pty Ltd v AXA Insurance Australia Pty Ltd|| 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|| HCA 24||
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|| HCA 39||
Marine insurance. Liability cover. Meaning of the “sea”.
|13/12/2001||Moltoni Corporation Pty Ltd v QBE Insurance|| HCA 73||
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|| WASCA 364||
Contract to obtain insurance. Indemnity dispute. Public liability
|29/08/2001||Mercantile Mutual Insurance v Gibbs & Ors|| WASCA 271||
Marine insurance. Liability cover. Meaning of the “sea”. Appeal to High Court of Australia dismissed  HCA 39
|05/06/2001||Packer v Cigna Insurance|| WASCA 171||
Disability insurance. Limitation period
|13/02/2001||Leighton Holdings Ltd v HIH Casualty & General Insurance Ltd|| WASC 34||
Construction insurance. Strike out.
|17/01/2001||Benson Brown v HIH Casualty & General Ins|| WASC 6||
Marine insurance . Non-disclosure. Alleged misrepresentation and arson.
|22/12/2000||Packer v Cigna Insurance|| WASCA 415||
Disability insurance. Limitation period
|02/04/2000||QBE Insurance v Moltoni Corporation Pty Ltd|| WASCA 82||
Employer’s liability insurance. Prejudice to insurer. Decision overturned by High Court of Australia  HCA 73
|14/01/2000||Packer v Cigna Insurance|| WADC 3||
|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
|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.
|04/12/1997||Woodside Petroleum Development Pty Ltd v H&R-E&W Pty Ltd & Ors||(1998) 18 WAR 539||
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
|06/12/1996||Co-operative Bulk Handling Pty Ltd v Jennings Industries Ltd||(1997) 17 WAR 257||
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||
House contents insurance. S54. Good faith.
|09/01/1995||Co-operative Bulk Handling Ltd v Jennings Industries Ltd||Supreme Court of WA||
Public liability insurance. Subrogation. Claim against co-insured.
|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
|17/09/1993||Kelly v New Zealand Insurance||Supreme Court of WA||
Insurance. House contents. S54. Good faith.
|21/05/1993||Caunt v Commercial Union||District Court of WA||
|04/06/1992||Frichot v RAC||District Court of WA||
Motor vehicle insurance.
|28/04/1992||Kelly v New Zealand Insurance||Supreme Court of WA||
Household contents insurance. S54. Good faith.
|05/09/1991||GRE Insurance v Bristile||WA Full Court||
|22/03/1991||Bristile v Boules||District Court of WA||
|12/07/1990||Co-operative Bulk Handling v SGIC||WA Full Court||
Insurance. Subrogation. Indemnity
|10/08/1989||Cooperative Bulk Handling v SGIC||Supreme Court of WA||