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Clancy O'Donovan

Author's details

Name: Clancy O'Donovan
Date registered: 15 July 2016

Latest posts

  1. A bird set loose — 1 March 2017
  2. Can a bankrupt maintain legal action on a TPD claim? — 15 July 2016
  3. A slip up – shopping centre liable for slip and fall on wet tiles — 8 July 2016

Author's posts listings

A bird set loose

In Wayland v Bird [2017] NSWCA 26, the NSW Court of Appeal (NSWCA) held a professional indemnity insurer should not be joined under section 6(4) of the Law Reform (Miscellaneous Provision) Act 1946 (NSW) (Act), to a proceeding in which its insured was the defendant, in circumstances where it was entitled to refuse indemnity due …

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Can a bankrupt maintain legal action on a TPD claim?

In Berryman v Zurich Australia Ltd [2016] WASC 196, the Supreme Court of Western Australia held a bankrupt, Berryman, was able to maintain legal action in his own name, claiming TPD insurance benefits from Zurich. The Bankruptcy Act 1966 (Cth) relevantly provides: an action commenced by a person, who subsequently becomes a bankrupt, is stayed …

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A slip up – shopping centre liable for slip and fall on wet tiles

In Raad v KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust [2016] NSW 2016 888 the Supreme Court of NSW held the Defendant, an occupier of the Busby Shopping Village, was liable for injuries and damage suffered by the Plaintiff – notwithstanding he was injured when running on wet tiles. …

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