Geoffrey Hancy - Barrister

Earlier Cases // Transport & Marine

Date Name Of Matter Citation/Court Details
2014
05/11/2014 Sovereign Grange Pty Ltd v Gwynfor Pty Ltd [2014] WADC 147

No appeal. At trial client was not successful.  Tyre seller client. Road transport.  Prime mover and trailers ran off highway and were damaged when steer tyre catastrophically failed after over 170,000 km of use.  Seller of tyre held liable for breach of implied contractual terms of fitness for purpose and merchantable quality.

10/09/2014 Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33

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. Insurance Contracts Act (Cth) s54. After contract made insured prime movers were driven by drivers who were not ‘PAQS’ tested, contrary to a term of policy.  Decision of trial judge and Court of Appeal, requiring insurers to indemnify insured, upheld. Insurers’ appeal to the High Court dismissed

05/07/2013 Maxwell v Highway Hauliers [2013] WASCA 115 (S)

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.

06/05/2013 Maxwell v Highway Hauliers [2013] 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 [2013] 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

07/11/2012 Daebo Shipping v The Ship ‘Go Star’ [2012] FCAFC 156

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

12/09/2012 Taylor v Hanseatic Marine [2012] WADC 136

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

24/08/2012 Marine & Civil Construction Company v SGS Australia [2012] FCA 907

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

21/02/2012 Highway Hauliers v Maxwell [2012] 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

31/08/2011 Daebo Shipping v The Ship ‘Go Star’ [2011] FCA 1015

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

11/06/2010 Alstom Limited v Liberty Mutual Insurance [2010] 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

02/12/2009 Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys [2009] WASCA 213

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)

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

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.

13/01/2006 Skinner v Broadbent [2006] WASCA 2

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

2005
06/10/2005 Frame v Woodside Energy Ltd [2005] AATA 997

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

21/05/2005 Allison Pty Ltd v Lumley General Insurance Ltd [2004] WASC 98

Marine insurance. Duty of good faith. Limitation period.

20/05/2005 Commissioner Main Roads v Jones [2005] HCA 27

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

11/03/2005 Allison Pty Ltd v Lumley General Insurance Ltd [2005] WASC 37

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

2004
16/11/2004 Allison Pty Ltd v Lumley General Insurance Ltd [2004] WASC 232

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

29/10/2004 Hume v Total Marine Services [2004] AATA 1135

Seafarers’ compensation. TAFE lecturer.

26/05/2004 Insurance Commission of Western Australia v Container Handlers Pty Ltd [2004] HCA 24

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

2003
28/08/2003 Capka v BHP Petroleum Pty Ltd [2003] AATA 845

Seafarers’ Compensation / psychiatric injury.

05/08/2003 Gibbs v Mercantile Mutual Pty Ltd [2003] HCA 39

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

16/06/2003 Mermaid Marine v Tamboritha Consultants Commercial

Arbitration. Charterparty. Alleged indemnity for loss of ROV.

14/04/2003 Abbott v Balcomb [2003] WADC 80

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

2002
20/11/2002 Jones v Commissioner of Main Roads [2002] WASCA 307

Negligence. Liability of road authority for animal hazard.

12/04/2002 Westrac Equipment Pty Ltd v “Assets Venture” [2002] FCA 440

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

08/03/2002 Allison Pty Ltd (“Pilbara Pilot”) v Lumley General Insurance Ltd [2002] WASC 41

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

29/08/2001 Mercantile Mutual Insurance v Gibbs & Ors [2001] WASCA 271

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

20/04/2001 Nocifora v The Ship “Osprey” Supreme Court of WA

Marine. Application for leave to bring action

17/01/2001 Benson-Brown v HIH Casualty & General & Allied Insurance Brokers [2001] WASC 6

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

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

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

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

Transport contract. Incorporation of terms. Bailment.

1998
19/01/1998 WMC Engineering Services v Brambles Supreme Court of WA

Road. Interest on judgment. Costs.

1997
31/10/1997 WMC Engineering Services v Brambles Supreme Court of WA

Road Negligence. Transport of goods. Bailment.

06/02/1997 Cape Lambert Services Pty Ltd (In Liq) v QBE Insurance & Mercantile Marine Insurance Supreme Court of WA

Marine. Loss of hire. Damage to vessel.

1996
02/05/1996 Cape Lambert Services Pty Ltd (In Liq) v QBE Insurance & Mercantile Marine Insurance Supreme Court of WA

Marine. Loss of hire. Damage to vessel.

1995
22/05/1995 Selfe v Western Helicopters Pty Ltd District Court of WA

Aviation accident

05/04/1995 Brambles v WMC Engineering WA Full Court (1995) 14 WAR 239

Road. Discovery

1993
17/08/1993 SGIC v Pollock Supreme Court WA (1993) 11 ACSR 333

Directors’ liability. Insolvent trading.

1992
03/06/1992 WMC v Brambles Supreme Court of WA

Road. Negligence. Bailment

06/04/1992 Hawker de Havilland v Barabas Supreme Court of WA

Aviation. Dispute over possession of aircraft. Injunction

04/03/1992 Dilosa v Stirling Marine Supreme Court of WA

Marine, Procedure

1990
26/02/1990 Associated Minerals et al v Secretary, Department of Transport & Communications Administrative Appeals Tribunal

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

22/06/1984 Hunt & Baird v Cartwright Industries District Court of WA

Aircraft crash.

04/05/1984 Hoffman & Son v Moffett WA Full Court [1984] ATR 80-579

Road. Negligence. Motor vehicle damage.

Back to top