Geoffrey Hancy - Barrister

Earlier Cases // Transport & Marine

Date Name Of Matter Citation/Court Details
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 [2004] WASC 99

Marine insurance. Duty of good faith. Limitation period.

20/05/2005 Commissioner Main Roads v Jones [2005] HCA 27 (2005) 79 ALJR 1104

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 (2004) 78 ALJR 821

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 (2003) 214 CLR 604

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

16/06/2003 Mermaid Marine v Tamboritha Consultants Commercial Arbitration

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 (2002) 192 ALR 277

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 (2001) 24 WAR 453

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.

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