Archive: September 2018
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Reminder: Interpret the interaction of policy provisions, not each provision in isolation
Legal Directions
September 18, 2013
The New South Wales Court of Appeal recently found that a claim for indemnity was subject to a large excess even…
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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…
OFFERS OF COMPROMISE AND CALDERBANK OFFERS: CLOSE ENOUGH NOT GOOD ENOUGH
Dong v Song (No 3) [2018] ACTSC 226 The ACT Supreme Court has reaffirmed the overarching principles of offers of compromise…
NO LONGER PART OF THE GROUP: IT MAY NOT BE TOO LATE
Murray v Great Southern Managers Australia Ltd [2018] VSC 416 Facts In August 2011, a group proceeding was commenced on behalf…
Insurer escapes advance defence costs after non-disclosure
Onley v Catlin Syndicate Ltd as the Underwriting Member of Lloyd’s Syndicate 2003 [2018] FCAFC 119 Background On 17 May 2017,…
EVERY CASE TURNS ON ITS FACTS
Jancevski v WR Engineering Pty Ltd [2018] ACT CA 34 Background The plaintiff was engaged by the defendant to install garage…