INSURERS WIN ON AGGREGATION CLAUSE IN COVERAGE DISPUTE OVER CLASS ACTION

Bank of Queensland Ltd v AIG Australia Ltd [2018] NSWSC 1689 Clients of a financial planner had been defrauded in a…

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Court of Appeal finds ‘professional services’ exclusion to be construed more narrowly

Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance [2018] NSWCA 100 The Appellant, Weir Services Australia Pty Ltd (Weir),…

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CALDERBANK OFFERS – WA DECISION CONFIRMS KEY PRINCIPLE ON INDEMNITY COSTS

Currie v Currie [No 3] [2018] WASC 306 Background The parties had been involved in acrimonious litigation for several years, involving…

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JAMES HARDIE TRUSTEE HELD FULLY LIABLE

Talifero v Asbestos Injuries Compensation Fund Limited as Trustee for the Asbestos Injuries Compensation Fund NSWCA 227 Introduction In 2005, the…

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Real estate agent was ‘mere conduit’ of vendor in passing on information to prospective purchaser

Background facts Mrs Hyder, the plaintiff, was the buyer of residential property in Ginahgulla Road in the Sydney suburb of Bellevue…

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SECTION 29(2) ICA POLICY AVOIDANCE UPHELD

Finadri v Westpac Life Insurance Service Limited [2018] VCC 1636 On 10 October 2018, Judge Murphy of the County Court of…

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COMMERCIAL TRANSACTIONS IN THE NSW DISTRICT COURT: JURISDICTIONAL UNCERTAINTY

The NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194 The NTF Group proceedings concerned an…

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NO CONSTRUCTIVE DECLINATURE

Newling v FSS Trustee Corporation (No 2) [2018] NSWSC 1405 On 14 September 2018, Parker J of the NSW Supreme Court…

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