Allens Arthur Robinson  In brief: A recent NSW Court of Appeal decision helps clarify the circumstances when extrinsic facts may be taken into account in interpreting written contracts and is a reminder of the precision required when drafting insurance coverage clauses. Partner Dean Carrigan (view CV) and Lawyer Rhiannon Eagles look at the decision. Background [...]

Laresu Pty Ltd v Clark [2010] NSWCA 180 Catchwords TORTS – negligence – occupier’s liability – whether owner of commercial premises delegated to managing agent its duty of care as occupier of common property – whether managing agent an occupier of common property – plaintiff injured in fall on unlit stairs – whether breach of [...]

Australasian Medical Insurance Ltd & Anor v CGU Insurance Ltd [2010] QCA 189 CATCHWORDS: INSURANCE – THE POLICY – THE INSURED – where second appellant was a partnership of 15 pathologists – where first appellant was the partners’ professional indemnity insurer – where respondent insurer issued second appellant with policy covering certain risks associated with [...]

Kate Jane Bazley v Wesley Monash IVF Pty Ltd [2010] QSC   An application was brought by a widow in respect of stored sperm (gametes) of her late husband seeking an order the respondent continue to store them. The relevant terms of the contract between the respondent and the applicant’s late husband incorporated the National Health and Medical [...]

European Bank Limited v Robb Evans of Robb Evans & Associates [2010] HCA 6   The central dispute concerned the ‘remoteness’ of compensation of $1,251,088.33 ordered by His Honour Gzell in respect of an undertaking given as to damages in litigation. The Court of Appeal upheld the appeal on the basis that Gzell J had erred [...]