Earlier Cases // Transport & Marine

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.

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

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

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

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

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

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

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

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

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)

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

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

Car crash.  Whether keys removed from ignition of moving car. Credibility finding. Adequacy of reasons for decision

Seafarers’ compensation. Whether production vessel an off-shore industry mobile unit

Marine insurance. Duty of good faith. Limitation period.

Roads authority. Liability for failure to erect signs warning of straying wild animals in Kimberley region of Western Australia

Marine insurance. Legal professional privilege. Implied waiver by statement in affidavit in interlocutory application

Marine insurance. Detail required in list of documents for which privilege claimed by insurer

Seafarers’ compensation. TAFE lecturer.

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

Seafarers’ Compensation / psychiatric injury.

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

Arbitration. Charterparty. Alleged indemnity for loss of ROV.

Collision between prime mover and car-caravan. Fatal accident. Injury. Property damage.

Negligence. Liability of road authority for animal hazard.

Marine. Goods lost at sea. Bailment. Negligence. Bill of lading.

Marine insurance. “Cyclone proof mooring”. Good faith.

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

Marine. Application for leave to bring action

Marine insurance. Boat burned to water line. Non-disclosure.

Marine insurance. Public liability. Appeal to Full Court of WA allowed [2001] WASCA 271

Transport contract. Incorporation of terms. Bailment.

Road. Interest on judgment. Costs.

Road Negligence. Transport of goods. Bailment.

Marine. Loss of hire. Damage to vessel.

Marine. Loss of hire. Damage to vessel.

Aviation accident

Road. Discovery

Directors’ liability. Insolvent trading.

Road. Negligence. Bailment

Aviation. Dispute over possession of aircraft. Injunction

Marine, Procedure

Marine. Administrative law review. Freedom of information. Lost vessel MV Singa Sea

Aircraft crash.

Road. Negligence. Motor vehicle damage.