Showing 48 out of 69 results
Environmental laws trump Linc Energy creditors
Today the Queensland Supreme Court held that an insolvent company’s environmental obligations under State law were unaffected by the liquidators’ …
Policyholders may still secure cover despite non-disclosure
If a policyholder fails to disclose information they could reasonably be expected to know to be relevant to the risk for which they are seeking …
Take care when it comes to policy conditions
Australian Courts have previously made clear that there is a heavy burden of proof and a number of obstacles for an insurer to decline a claim on the …
Insurer huffs and puffs… but policyholder’s claim stands
A policyholder whose negligence led to the catastrophic destruction of a residential home in Brisbane has secured liability insurance coverage in a …
Insurer’s poor punctuation helps claimant to secure coverage
Comma sense prevails, as a recent decision of the NSW Court of Appeal1 reminds us of the importance of grammatical accuracy and a Court’s tendency to …
Court restricts reading of bank’s ‘limiting’ clause and holds terms and conditions not validly incorporated into the parties’ contract
The case of National Australia Bank v Dionys as Trustee for the Angel Family Trust [2016] NSWCA 242 concerned the incorporation of terms and conditions …
Court finds Code of Banking Practice requires notice for guarantees to be ‘markedly noticeable'
The impact of the Code of Banking Practice was front and centre in a judgment delivered by the Victorian Court of Appeal in National Australia Bank v …
Court dismisses claim based on ‘replacement’ guarantees
In Australia and New Zealand Banking Group Limited v Manasseh [2016] WASCA 41, the Western Australian Court of Appeal dismissed an appeal relating to the …
Australian Courts maintain keen oversight of retail banking practices
With the year now underway, it is useful to review and highlight a number of judgments in the retail banking sector delivered by Australian courts last …
High Court considers fees not in the nature of penalties
Paciocco & Anor v Australia and New Zealand Banking Group Limited (2016) 90 ALJR 835 considered two key questions: first, whether provisions for …
Court finds no unconscionable conduct and rejects ‘aggregation’ of knowledge
In Commonwealth Bank of Australia v Kojic [2016] FCAFC 186, Marija Kojic and Dragutin Kojic entered into a joint venture with Southern Construction …
Court rejects bank’s claim that misdescription in bonds precluded fulfilment of bonds
Simic v New South Wales Land and Housing Corporation [2016] HCA 47 is an important reminder of the utility of the equitable remedy of rectification, with …
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