| Barrie Toepfer Earthmoving and Land Management Pty Ltd v CGU Insurance Ltd (NSWCA) - insurance - commercial motor vehicle policy - basis for application of exemption or condition not established - appeal allowed
|
| Schneider v AMP Capital Investors Ltd; Schneider v Kent Street Pty Ltd; AMP Office & Industrial Pty Ltd v AMP Capital Investors Ltd; (“Schneider v AMP Capital Investors Ltd”) (NSWSC) - negligence - plaintiff injured when she tripped while leaving lift - lift had not levelled with floor - defendants not liable - judgment for defendants - cross-claims dismissed
|
Dear Subscriber
1. This Benchmark Television broadcast is with eminent counsel Peter O’Loughlin and Kim Morrissey in discussion with attorney Ian Benson on Probate and Family Provision.
2. This is a long production of one hour thirty minutes. It’s very worthwhile for everyone, including experienced practitioners. Peter and Kim appeared on opposite sides of the record in the recent case The Estate of Kati Tsilfidis;
Stavrakakis v Tsilfidis [2015] NSWSC 1720
3. This is our second production with three commentators. Sit somewhere quietly with your family and AirPlay from your iDevice with Apple TV to a large screen.
4. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
5. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
6. If you are not a CLE subscriber you can subscribe here: https://benchmarkinc.com.au/cle
7. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
8. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
9. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
|
|
|
| Benchmark Television |
|
|
|
|
| Peter O’Loughlin and Kim Morrissey in discussion with attorney Ian Benson on Probate and Family Provision. |
| This is a long production of one hour thirty minutes. It’s very worthwhile for everyone, including experienced practitioners. Peter and Kim appeared on opposite sides of the record in the recent case The Estate of Kati Tsilfidis; Stavrakakis v Tsilfidis [2015] NSWSC 1720. This is our second production with three commentators. Sit somewhere quietly with your family and AirPlay from your iDevice with Apple TV to a large screen. |
|
|
|
|
| Summaries With Link (Five Minute Read) |
Barrie Toepfer Earthmoving and Land Management Pty Ltd v CGU Insurance Ltd [2016] NSWCA 67
Court of Appeal of New South Wales
Meagher & Ward JJA; Sackville AJA
Insurance - commercial motor vehicle policy - damage to public road - s102 Roads Act 1993 (NSW) - arm of excavator loaded on a vehicle struck a bridge causing damage - Barrie Toepfer owned vehicle and excavator and employed driver - RTA claimed costs of repair from Barrie Toepfer - Barrie Toepfer cross-claimed against its insurer under a Commercial Motor Vehicle Policy - Barrie Toepfer also cross-claimed against RTA and NSW - primary judge found s102 established strict liability unrelated to fault or liability in tort - Barrie Toepfer caused damage to bridge - RTA entitled to recover cost it incurred in making good the damage - primary judge gave judgment for RTA against Barrie Toepfer and that insurance policy exclusion for recklessness extended to recklessness of the insured’s employed driver - cross-claim against insurer failed - construction and application of policy provisions - whether findings correct that as truck approached bridge driver appreciated load might strike bridge and consciously decided to run risk by continuing - held: driver not reckless in driving onto bridge - driver did not fail to do what was reasonable - insurers did not establish basis for application of exclusion or condition - appeal allowed.
Barrie Toepfer |
Schneider v AMP Capital Investors Ltd; Schneider v Kent Street Pty Ltd; AMP Office & Industrial Pty Ltd v AMP Capital Investors Ltd; (“Schneider v AMP Capital Investors Ltd”) [2016] NSWSC 333
Supreme Court or New South Wales
Fagan J
Negligence - plaintiff sued defendants for injuries sustained when she tripped while leaving lift in building - lift had not levelled at floor - defendants were occupier of building (Capital Investors), company which serviced repairs and maintained lifts (Thyssenkrupp), and company which managed and oversaw performance of building maintenance contracts (ISS) - Civil Liability Act 2002 (NSW) - Law Reform (Miscellaneous Provisions) Act 1946 (NSW) held: none of the defendants was liable to plaintiff - judgment for defendants - cross-claims dismissed.
Schneider |
|
Poem for Friday (Recitation here by Thomas Hellier)
|
The Florist Wears Knee-Breeches
Wallace Stevens
My flowers are reflected
In your mind
As you are reflected in your glass.
When you look at them,
There is nothing in your mind
Except the reflections
Of my flowers.
But when I look at them
I see only the reflections
In your mind,
And not my flowers.
It is my desire
To bring roses,
And place them before you
In a white dish.
Wallace Stevens
|
