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.
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
April 27, 2020
Menz v Wagga Wagga Show Society Inc  NSWCA 65 (21 April 2020) and Moore v Scenic Tours Pty Ltd …Continue reading
November 4, 2020
The New South Wales Court of Appeal has found for a developer who sued an engineer for loss of opportunity to…Continue reading