Direct action against insurer

Murphy, McCarthy & Associates Pty Limited v Zurich Australian Insurance Limited [2018] NSWSC 627   The requirement for leave under s 5(4) of the Act is one imposed to insulate insurers from exposure to untenable claims. The discretion to give leave to bring...

Contempt

CONTEMPT – contempt of court – improper pressure – interference with the administration of justice as a continuing process Live Group Pty Ltd & Anor v Rabbi Ulman and Ors [2018] NSWSC 393 The ‘broader’ category of contempt As referred to in the original judgment...

ICAC: Jurisdictional Facts?

Knightsbridge North Lawyers Pty Limited v Independent Commission Against Corruption [2018] NSWSC 387 ADMINISTRATIVE LAW – judicial review – Independent Commission Against Corruption (ICAC) – decision to hold public inquiry – ICAC Act 1988 (NSW), s 31 – decision to...

Corporate structure and duty of care

Strategic Formwork Pty Ltd v Hitchen [2018] NSWCA 54 The Court (Basten JA, Sackville AJA and Simpson JA) allowed the appeal on damages in part but otherwise dismissed the appeal; by majority the Court (Basten JA and Sackville AJA, Simpson JA dissenting) dismissed the...

Implying law into contracts

Bayside Council v V Corp Constructions Pty Ltd [2017] NSWCA 120   39. In dealing with a deed of release, in Bank of Credit and Commerce International SA v Ali, [5] Lord Hoffmann, after noting that the language of the document was “very wide”, continued: “So I...
LinkedIn Auto Publish Powered By : XYZScripts.com