Case Alerts - Page 9 of 13 - Wotton + Kearney

Case Alerts

NSW Court of Appeal provides guidance on applications for the determination of separate questions

On 21 November 2019, the NSW Court of Appeal re-exercised the Court’s discretion to determine the limitation defence as a separate question in a dispute between a lender and a valuation firm. The decision, in which Wotton + Kearney successfully acted for the valuation firm, provides guidance on when a separate question determination is appropriate. […]

By : Sina Sangsari Nov 25, 2019 Comments Off

Articles, Case Alerts

Revisiting historical sexual abuse settlements in NSW

A recent decision of the Supreme Court of New South Wales in Magann v Trustees of the Roman Catholic Church of the Diocese of Paramatta [2019] NSWSC 1453 affirmed the “once and for all” effect of a 2007 deed of release between the applicant plaintiff (Magann) and respondent defendant (Diocese). This matter involved Mr Magann […]

By : Sina Sangsari Oct 31, 2019 Comments Off

Articles, Case Alerts

More rights against those whose wrongs are not intentional

On 25 October 2019, The Victorian Court of Appeal found a claimant does not need to establish they have a “significant injury” to claim general damages if they allege they are the victim of an “intentional act that was done with intent to cause death or injury or that is sexual assault or other sexual […]

By : Sina Sangsari Oct 28, 2019 Comments Off

Articles, Case Alerts

An honest day’s work for an honest day’s pay?

In this case, the High Court of Australia ruled a builder was not owed for variations for “work and labour done” after a building contract was terminated in Mann v Paterson Constructions Pty Ltd [2019] HCA 32. This decision shows that builders who fail to follow the formal variation process under the Act are at risk, as […]

By : Sina Sangsari Oct 16, 2019 Comments Off

Case Alerts

$3.5+ million in damages awarded in child sexual abuse case

In this case, Judge Fagan of the NSW Supreme Court assessed damages for a man who suffered a psychological injury following historic child sexual abuse. As a result of the abuse, the plaintiff suffered from post-traumatic stress disorder, major depression, medication-related obesity and other related health issues. The defendant had previously plead guilty to related […]

By : Sina Sangsari Oct 13, 2019 Comments Off

Case Alerts

Re-opening application for institutional child sexual abuse case dismissed

The Supreme Court of Queensland has dismissed an application under s48(5A) of the Limitation of Actions Act 1974 (Qld) to set aside a Deed of Settlement regarding institutional child sexual abuse, on the basis that it was not “just and reasonable” to do so. This judgment bodes well for institutions and their insurers facing re-opening […]

By : Sina Sangsari Jun 25, 2019 Comments Off

Case Alerts

Appeal decision clarifies when insolvency exclusion applies

The Full Federal Court recently upheld a primary judgment rejecting the application of an insolvency exclusion in a claim brought against directors of a company in voluntary administration. The judgment in AIG Australia Limited v Kaboko Mining Limited [2019] FCAFC 96 provides useful guidance on the scope of the application of insolvency exclusions. Wotton + […]

By : Sina Sangsari Jun 18, 2019 Comments Off

Case Alerts

NSW Court of Appeal stays proceedings in historic child sexual abuse claim

The NSW Court of Appeal has ruled that there is scope for defendants, in the context of historic child sexual abuse claims, to apply to permanently stay proceedings on the basis of inability to obtain a fair trial, even though such claims are no longer statute barred under the Limitation Act 1969 (NSW). The circumstances […]

By : Sina Sangsari May 13, 2019 Comments Off

Articles, Case Alerts

Emerging General Liability Trends Update

Welcome to Wotton + Kearney’s snapshot of the key trends and emerging risks in general liability insurance in Australia. In this edition we look at the impact of recent significant matters, including the Lacrosse cladding fire litigation conducted by our Melbourne team, the ongoing risk of concussion claims and prison authority liability claims. We also […]

By : Sina Sangsari Apr 18, 2019 Comments Off

Case Alerts

Lacrosse fire litigation: builder and consultants found liable for combustible cladding

On 28 February 2019, Australia’s first decision regarding the roles and responsibilities of builders and other building consultants regarding the use of combustible cladding was handed down. The Victorian Civil and Administrative Tribunal upheld the Owners Corporation and lot owners’ claims against the builder following a fire in November 2014 that involved combustible ACP cladding […]

By : Sina Sangsari Mar 1, 2019 Comments Off

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