Peter A. Collins & Associates

Previous Case Examples

  1. Re Barnes; Rule Nisi for Contempt of Court
    [1968] 1 NSWR 697
    Contempt of Court – impeding process server – use of indecent language to process server
    view copy judgment

  2. AMP Fire & General Insurance Co Ltd v. Miltenburg
    (1982) 1 NSWLR 393
    Privy Council – Interpretation of Statutory Worker’s Compensation Policy
    view copy judgment headnote

  3. Cotton v. Phoenix Assurance Co of Australia Ltd
    (1983) 2 ANZ Insurance Cases 60-522
    Policy interpretation – meaning of “accidental means” – Death during auto-eroticism
    view copy judgment headnote

  4. Markus v. Provincial Insurance Company Ltd
    (unreported, Clarke J, NSW Sup Crt 1983)
    Privilege – basis for denial of access to non-privileged documents – the “Markus test”
    view copy judgment

  5. Do Carmo v. Ford Excavations Pty Ltd
    (1984) 154 CLR 234
    Limitation Act – interpretation of statutory provisions
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  6. Sklavenites v. Phoenix Prudential Australia Ltd
    (1986) 4 ANZ Insurance Cases 60-745
    Fraudulent claim on contents policy after fire – separate buildings cover – no cover for contents or building
    view copy judgment headnote

  7. Toikan International Insurance Broking Pty Ltd & Anor v. Plasteel Windows Australia Pty Ltd & Anor
    (1989) 5 ANZ Insurance Cases 60-903
    Policy interpretation – failure to take reasonable precautions – novation of contract
    view copy judgment headnote

  8. Provincial Insurance Australia Pty Ltd v. Consolidated Wood Products Pty Ltd
    (1991) 6 ANZ Insurance Cases 61-035 and 61-066 (Appeal)
    Policy interpretation – exclusion clause – whether stormwater drain a canal or a natural watercourse – Flood of commercial premises
    view copy judgment headnote

  9. Barroora Pty Ltd v. Provincial Insurance (Australia) Ltd
    (1992) 7 ANZ Insurance Cases 61-103
    Chargee’s separate rights to enforce policy if insured guilty of arson
    view copy judgment headnote

  10. Sun Alliance & Royal Insurance Australia Ltd v. Switzerland Insurance Australia Ltd
    (1996) 9 ANZ Insurance Cases 61-353
    Policy interpretation – BOC Gas explosion, Melbourne – asbestos clean up costs – exclusion clause – contribution – applicable interest provision
    view copy judgment headnote

  11. Australian Consolidated Press Holdings Pty Ltd v. Royal Insurance (Global) & Ors
    (1997) 9 ANZ Insurance Cases 61-351
    Policy interpretation – deductible on theft of $5 million gold bullion – whether value of loss determined prior to reduction for deductibles
    view copy judgment headnote

  12. Sun Alliance Australia Limited v Moulds
    (1997) NSWCA 96040084
    Considerations relevant to application to set aside judgment and extend time to apply for rehearing
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  13. Punin v Deputy Commissioner of Taxation
    [2000] FCA 568
    Sales Tax – Fire in business premises allegedly destroying business records – whether sales tax assessable on analysis of purchases
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  14. Seymour v Divome Properties Pty Ltd
    (2002) NSWSC 68
    Conveyancing contract interpretation - jurisdiction of Arbitrator to determine claim by purchaser of home unit against developer/vendor that noise emanating from common wall constituted a defect in finish
    view copy judgment

  15. Insurance Ombudsman Service – Referral 203 10 18227
    Client: member insurance company
    Home building policy – water damage – leaking pipe – proximate cause – meaning of ‘sudden’
    view copy determination

  16. Insurance Ombudsman Service – Referral 203 11 18342
    Client: member insurance company
    Home building policy – malicious damage – policy exclusion applied
    view copy determination

  17. Insurance Ombudsman Service – Referral 205 02 20675
    Client: insured person
    Insurer ordered to pay costs - Consumer Credit - Insurance Contracts Act 1984 Sections 13, 59 & 60 - pre-existing medical condition - utmost good faith
    view copy determination

  18. Integral Energy v Allianz Australia Insurance Ltd & Ors
    [2005] NSWDDT 25
    Cross Claims – Insurance – Liability of previous insurers of self insured employer – effect of Orica Ltd v CGU Insurance Ltd and sections 151AAA, 151AB & 151AC Workers Compensation Act, 1987
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  19. Insurance Ombudsman Service – Referral 23108
    Client: insured person
    Home Building – malicious damage - extent of cover – joint or composite policy – mortgagee’s interest – insurer ordered to pay insured’s legal costs – interest – utmost good faith – insurer’s obligations
    view copy determination

  20. Vanessa Miles v Buckley
    District Court NSW, 5 July 2007
    Client: Defendant
    Negligence – injury to child during play when in care of defendant at defendant’s home – degree of supervision required to satisfy realistic standard of care - no negligence
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  21. Vukmirica v Betyounan
    [2008] NSWCA 16
    Negligence – solicitor – husband and wife borrowed money – solicitor acted on loan and mortgage – part of money “invested” and lost – whether investment without clients’ authority – with authority of husband – whether with authority of wife – whether authority of wife to be implied – whether ostensible authority to be found – trial judge’s factual findings flawed – failure to make findings on some issues and findings in part based on observations of parties in court not made known – new trial ordered.
    view copy judgement

  22. AV Jennings Properties Limited v DJ Potter & Associates and DJ Potter
    District Court NSW, 27 November 2008
    Negligence – structural engineer – construction of Australian Standards provisions – application of Standards – conflicting expert opinions on nature and cause of damage to dwelling, correctness of site soil classification and slab and footings designs – no negligence.
    view copy judgement

  23. Idik v Calliden Insurance Limited
    District Court NSW, 10 August 2012
    Client: Plaintiff
    Insurance – Section 21 Insurance Contracts Act – non-disclosure – ‘on-line’ application – general duty of disclosure limited by insurer’s pre-contract enquiries of insured – Thompson v GIO, Supreme Court NSW, unreported 15 June 1994 (BC9402653) applied – non-disclosure not established – judgment for plaintiff.
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  24. McGinn v NSW Civil & Administrative Tribunal
    Supreme Court, NSW, 29 November 2019
    Client: Second Defendant/Contradictor
    Administrative Law – judicial review – jurisdiction of NCAT Appeal Panel to make orders relating to rental bond when bond not lodged with Rental Bond Authority – Residential Tenancies Act ss 175, 187 & 188 - discretion to grant prohibition, certiorari or discretionary relief – summons dismissed.
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