A comment on Alavanja v NRMA Insurance [2010] NSWSC 1182

This case involved an application for leave to proceed directly against an insurer under section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (s6). The Insurer argued that leave should not be granted as no claim had been notified to it during the relevant policy period as required by the policy wording.

The Court of Appeal has confirmed that for the purpose of Section 9A of the Workers Compensation Act 1987, "substantial contributing factor" means "real and of substance".

The Court of Appeal was asked to consider whether or not a workers compensation insurer is liable to indemnify for an amount greater than the statutory level of cover in circumstances where a copy of the relevant policy of insurance no longer exists.

This case involved a consideration of whether a public liability policy responded to a claim for indemnity, arising out of exposure to asbestos between 1968 and 1973.

Directors and officers will continue to come under close scrutiny, particularly those to appear before the ICAC Inquiry.

A supervising driver has a duty to give a learner driver ongoing instructions regarding his or her speed and control of the vehicle. The supervising driver’s duty extends to varying those instructions for changing circumstances.

The NSW Court of Appeal handed down its decision in Insurance Australia Limited -v- Helou on 7 October 2008.

The central question in a spillage claim is whether there is sufficient evidence to allow a tribunal of fact to conclude on the balance of probabilities that the defendants failure to follow a reasonable system of cleaning caused the plaintiff's damage.

The High Court has upheld a Dust Diseases Tribunal causation finding despite conflicting epidemiological studies.

Court narrows the scope of s 62(1)(a) of the Motor Accidents Compensation Act (1999) additional relevant information must be additional to the party relying on the information for Further Assessment

An assessment of damages for economic loss pursuant to s 125 of the Motor Accidents Compensation Act 1999 is a three-stage process.

A pedestrian should shoulder the majority of the blame where he or she runs across the road, against the lights.

The High Court was asked to determine whether a finding of contributory negligence against a worker, in a claim for damages against a tortfeasor other than the employer, was necessary to trigger the provisions of Section 10(2) of the Law Reform Act in a claim by an employer for recovery of compensation payments made to a worker.

This decision confirms the principle that to comply with UCPR 20.26 an offer of compromise must be exclusive of costs.

The issue to be determined in this matter was whether an applicant who sustained an injury at the entrance to the building in which he worked was at his "place of work".

The New South Wales Court of Appeal has decided that a disease of gradual process resulting from the nature and conditions of employment, can be included as a type of injury for which an employer's liability has been extinguished

A dramatic physiological change or disturbance of a worker's normal physiological state falls within the definition of an injury pursuant to the Safety, Rehabilitation and Compensation Act 1988.

The Court of Appeal considered the liability of a manufacturer for the supply of defective goods under s 75AD of the Trade Practices Act.

The respondent to an appeal from a Medical Assessment Certificate cannot introduce additional evidence except in reply to additional evidence introduced by the appellant.