Personal Injury

• Representing an Insurer in a claim by a third party (who had been sued by its injured employee) seeking indemnity under the Insured’s insurance policy. In assessing the terms of the insurance policy and the Lease between the Insured and third party, Hope was able to cast doubt on coverage for the third party. Hope ran the case to trial and won!
• Achieving an excellent outcome at mediation in a Supreme Court case brought by a cyclist injured in a mountain bike skills park who was claiming significant damages.
• Representing Australia’s leading out-of-home media and street furniture company in a claim by a commuter who slipped on tactile ground surface indicators at a public bus stop. The case involved an examination of the Australian Standards regarding tactiles that are installed in public transport areas to assist people with vision impairments. It also involved an examination of the legal responsibilities of the owner of the bus stop, the manufacturer and the installer of the tactiles.
• Defending a shopping centre owner in a claim for damages for injuries sustained by a customer who ran through a glass door while fleeing security guards after he stole a mobile phone from a store. This case involved considering the claimant’s role in the incident and whether the security guards acted reasonably.
• Acting for a large Australian supermarket chain in a claim for damages for injuries sustained by a customer when she slipped on vegetable matter in circumstances where, after careful analysis and investigation, there was no contemporaneous evidence the incident took place.
• Defending a major Australian wholesaler in a matter involving a claimant who sought damages after she tripped over a lamp post at the wholesaler’s premises. This case involved looking at the design and construction of the lamp and surrounds to identify other parties’ responsibilities and deflecting the claim to them.

Worker’s Liability / Recovery

• Defending a head contractor from a claim by a surveyor who injured his back on a construction site when he climbed upon a step of reinforced meshing during the construction of a building. In this case, Hope honed in on the employer’s responsibility and the system of work to achieve a good outcome for the head contractor. Hope was then able to resolve the VWA’s recovery action on best terms possible.
• Successfully obtaining indemnity from the TAC for an Insured in circumstances where a worker was injured while the Insured was operating a concrete pump.
• Recovery against the importer of a dangerous glass product under the Australian Consumer Law.