|Date||Name Of Matter||Citation/Court||Details|
|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
|02/12/2009||Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys|| 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)
|23/12/2008||Westina Corporation Pty Ltd v BGC Contracting Pty Ltd and Keys|| 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
|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.
|13/01/2006||Skinner v Broadbent|| WASCA 2||
Car crash. Whether keys removed from ignition of moving car. Credibility finding. Adequacy of reasons for decision
|06/10/2005||Frame v Woodside Energy Ltd|| AATA 997||
Seafarers’ compensation. Whether production vessel an off-shore industry mobile unit
|21/05/2005||Allison Pty Ltd v Lumley General Insurance Ltd|| WASC 98  WASC 99||
Marine insurance. Duty of good faith. Limitation period.
|20/05/2005||Commissioner Main Roads v Jones|| 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|| WASC 37||
Marine insurance. Legal professional privilege. Implied waiver by statement in affidavit in interlocutory application
|16/11/2004||Allison Pty Ltd v Lumley General Insurance Ltd|| WASC 232||
Marine insurance. Detail required in list of documents for which privilege claimed by insurer
|29/10/2004||Hume v Total Marine Services|| AATA 1135||
Seafarers’ compensation. TAFE lecturer.
|26/05/2004||Insurance Commission of Western Australia v Container Handlers Pty Ltd|| 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”.
|28/08/2003||Capka v BHP Petroleum Pty Ltd|| AATA 845||
Seafarers’ Compensation / psychiatric injury.
|05/08/2003||Gibbs v Mercantile Mutual Pty Ltd|| 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|| WADC 80||
Collision between prime mover and car-caravan. Fatal accident. Injury. Property damage.
|20/11/2002||Jones v Commissioner of Main Roads|| WASCA 307||
Negligence. Liability of road authority for animal hazard.
|12/04/2002||Westrac Equipment Pty Ltd v “Assets Venture”|| 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|| WASC 41||
Marine insurance. “Cyclone proof mooring”. Good faith.
|29/08/2001||Mercantile Mutual Insurance v Gibbs & Ors|| WASCA 271 (2001) 24 WAR 453||
Marine insurance. Liability cover. Meaning of the “sea”. Appeal to High Court of Australia dismissed  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|| WASC 6||
Marine insurance. Boat burned to water line. Non-disclosure.
|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  WASCA 271
|04/03/1999||Brambles v WMC Engineering Services||WA Full Court||
Transport contract. Incorporation of terms. Bailment.
|19/01/1998||WMC Engineering Services v Brambles||Supreme Court of WA||
Road. Interest on judgment. Costs.
|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.
|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.
|22/05/1995||Selfe v Western Helicopters Pty Ltd||District Court of WA||
|05/04/1995||Brambles v WMC Engineering||WA Full Court (1995) 14 WAR 239||
|17/08/1993||SGIC v Pollock||Supreme Court WA (1993) 11 ACSR 333||
Directors’ liability. Insolvent trading.
|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||
|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||
|04/05/1984||Hoffman & Son v Moffett||WA Full Court  ATR 80-579||
Road. Negligence. Motor vehicle damage.