Geoffrey Hancy - Barrister

Earlier Cases // Insurance

Date Name Of Matter Citation/Court Details
2008
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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