Your search for ‘Moray & Agnew’ returned 262 results

D&O insurers can advance defence costs on the basis they can recover them if the court makes adverse findings, e.g. dishonesty on the insured's part.

Wallaby Grip Limited v QBE Insurance (Australia) Limited; Stewart v QBE Insurance (Australia) Limited. The High Court of Australia delivered its judgment in this important insurance case on 30 March 2010

Orica Australia Pty Limited v Limit (No. 2) Limited [2011] VSC 65 The Victorian Supreme Court has reminded insurers that, if insurers wish to draft an exhaustive definition of coverage, there are simple means to do so. As to an insured’s obligation to mitigate loss, the Court has held an insured is not required to sacrifice its own commercial interests in favour of the insurer.

In this case, the NSW Court of Appeal confirmed that the prima facie measure of damages where there are defects caused by a breach of a contractual obligation is the cost of rectification, provided the works to be carried out are both necessary under the contract and reasonable, affirming the principle espoused in Bellgrove v Eldridge.

The NSW Supreme Court determined in this case that the proportionate liability regime has broad application to contractual actions where the damage or loss was factually due to a 'failure to take reasonable care' regardless of the basis of the cause of action.

Case of French v QBE Insurance (Australia) Limited [2011] QSC 105 dealing with liablity to drunk passenger of taxi driver and his employer.

decided an appeal from a County Court judgment where a lender was awarded damages for loss said to have been caused by a negligent over-valuation of properties by the defendant valuers. The case was brought at common law and for misleading conduct proscribed by the Trade Practices Act (Cth) (‘TPA’) and Fair Trading Act (Vic).

A discussion on Insight Vacations Pty Limited v Young [2011] HCA 16

The 23 year old plaintiff was injured when his car was involved in a heavy collision with a prime mover driven by the defendant. He sustained a severe closed head injury and facial fractures and was left with frontal lobe brain damage. It was accepted that he would suffer adversely from the cognitive, emotional and behavioral effects of his head injury but he had no ongoing physical disabilities.

Amendment enables subcontractors to freeze money in the hands of a principal.

Separate Parts of the Wrongs Act 1958 (Vic) set out provisions allowing for defendants to claim contribution from each other (Part IV) and requiring liability to be apportioned in certain claims (Part IVAA).

The NSW Court of Appeal recently considered the circumstances in which defendants in the NSW District Court might be deemed to have consented to the extension of the court's jurisdiction from $750,000 to $1,125,000.

In March 2003, the Ministerial Meeting on Insurance Issues was held and one of the outcomes of the meeting was a view that the Insurance Contracts Act 1984 (‘the Act’) was impacting on the cost and availability of professional indemnity and other classes of insurance. In September 2003, Senator Helen Coonan and Senator Ian Campbell, jointly announced that the Government would be undertaking a comprehensive review of the Act.

On 8 April 1996 Mr Van Den Dungen was injured when he was hit by a piece of concrete kerbing as he was standing near his tipper truck which was parked at a construction site. At the time, his tipper truck was being filled with debris by a bobcat.

A recent case has found that a comment relating to the physical manifestation of a disability can be used to infer direct discrimination on the basis of that disability.

The Australian Industrial Relations Commission (AIRC) has recently foreshadowed significant developments in how employers should test employees for drug and alcohol use.

This case involved a 24-year-old woman, Ms Sapwell (‘the plaintiff’) who was working as an optical technician in an optometry shop.