Our legal experts will keep you up to date on all relevant and current developments.

Tempo Holidays Pty Ltd (in liq) v Tully & Berkley Insurance Australia
Monday 22 April 2024 / by John Van de Poll posted in Insurance Insurance Duty of Disclosure Travel

The article discusses a case involving the Liquidator of Tempo Holidays and Berkley Insurance Australia. The plaintiffs alleged a breach of the director's duties by Mr Tully led to unsecured loans to the Global Treasury Arrangement (GTA) that were not repaid. The court found that the plaintiffs failed to prove the alleged breaches of duty by Tully or that any breach caused Tempo to suffer loss. Importantly the court also found that Tempo breached its duty of disclosure by not disclosing information which indicated it parlous financial state.

NSW Supreme Court Ruling Highlights Difficulty in Relying on Limitations Defence

A recent ruling by the NSW Supreme Court shed light on the challenges associated with relying on a limitations defence in a case where a claimant suffered injuries from a ladder collapse at a residential property.

Australian Securities and Investments Commission v Auto & General Insurance Company Limited [2024] FCA 272

The case of Australian Securities and Investment Commission (ASIC) v Auto & General Insurance Company Ltd [2024] FCA 272 holds significant importance as it marks the first instance of the Federal Court applying the new unfair contract terms in the Australian Securities and Investments Commission Act 2001 (ASIC Act) to insurance contracts. 

Blackhead Bowling Club Ltd Vs Harrower

In 2016, a 3 year old girl died when a poorly constructed memorial headstone fell at a bowling club. The girls family sued the Club and the Stonemason, claiming negligence. In this article we explore the negligence claims, trial outcomes, and the shared liability between the Club and the Stonemason.

Holman Webb welcomes two Partners in Sydney and one in Melbourne

Holman Webb Lawyers is expanding its capability in several teams to support ongoing growth, announcing the addition of three partners across our Sydney and Melbourne offices.

Holman Webb Lawyers announces eight promotions across three offices, effective 1 July 2023
Wednesday 28 June 2023 posted in Commercial Recovery & Insolvency Insurance Promotions

Holman Webb Lawyers is proud to announce eight promotions across three offices, effective 1 July 2023.

Scenic Tours Left With $10 Million Damages Award After Substantially Failing in its Latest Appeal

The NSW Court of Appeal recently delivered an interesting judgment in the matter of Scenic Tours Pty Ltd v Moore [2023] NSWCA 74.

The Plaintiff in this matter, Mr David Moore, was the lead Plaintiff in a class action against Scenic Tours by thousands of disgruntled cruise ship passengers from multiple separate cruises.

For extra context, we suggest reading our 2020 article discussing Moore v Scenic Tours Pty Ltd [2020] HCA 17: Damages for ‘Disappointment and Distress’ Available to Consumers for Breaches of Consumer Guarantees for Travel and Recreational Contracts.

Eleven Lawyers Named in Best Lawyers, and Best Lawyers Ones to Watch Australia 2024

Holman Webb is pleased to announce that eleven lawyers have been included in the 2024 Edition of The Best Lawyers in Australia, and Best Lawyers: Ones to Watch in Australia. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. 

Court of Appeal Considers the Limitation Period for Personal Injury Actions

Section 50C of the Limitation Act 1969 has a 3-year limit for a plaintiff to commence a personal injury claim from the date that the cause of action was ‘discoverable’. 

Section 50D of the Act says the cause of action is discoverable when the claimant knows or ought to know of the fact that:

  1. the injury or death concerned has occurred,
  2. the injury or death was caused by the fault of the defendant,
  3. the injury was sufficiently serious to justify the bringing of an action on the cause of action.

In the 31 March 2023 Court of Appeal decision in Horne v J K Williams Contracting Pty Ltd [2023] NSWCA 58 the Court concluded that the plaintiff knew of the 3 facts soon after the accident.  The plaintiff’s push bike had collided with orange barricades on the side of the road.  

Bulk Notifications – Precautionary Notifications - Notification of a problem: When is a notification sufficient for the purpose of S.40? A look at Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited [2023] FCA 190

The recent Federal Court decision in Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited [2023] FCA 190 arose out of historic claims of sexual and physical abuse at Knox Grammar School in Sydney, dating back to the 1970’s.

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