Limitation period issues
The insurer did not have time to determine and quantify the claim before the limitation period for the strata plan to sue the builder of the development potentially expired. Accordingly, we engineered an agreement between the insurer and the strata plan which enabled the insurer to commence proceedings in the strata plan’s name against the builder while the insurer continued to investigate the claim. This preserved the insurer’s subrogated rights against the builder.
December 18, 2018
Terravision Pty Ltd v Black Box Control Pty Ltd [No 5]  WASC 340 Facts Consideration of the appropriate costs orders…Continue reading
June 19, 2018
WFI Insurance Ltd v Manitowoq Platinum Pty Ltd  WASCA 89 Background In our Legal Directions dated 1 May 2017, we…Continue reading