Case Collective Barry.Nilsson. Lawyers

On this episode, BN’s Kingsley Grimshaw and Joe Kennedy cover a range of cases, including who is responsible when injuries occur during an open home, the High Court’s decision on whether an employer is responsible for conduct of a drunk employee, a division of liability in circumstances where a worker was injured when working from a height, and an analysis of ‘obvious risk’ provisions of the NSW Civil Liability Act. To read the full summary of these cases, head to bnlaw.com.au.
 
Enter at your own risk? Slippery driveways at open home inspections – 00:44
Drunk bunk decision junked: High Court clarifies the scope of vicarious liability – 7:12
Beware the liability pitfalls of working from heights – 10:52
To warn or not to warn – 14:54
 
This episode was edited by Audio Advantage.

On this episode, BN’s Kingsley Grimshaw and Jemima McGrath discuss a selection of cases involving an unreliable witness, fraudulent representations to a life insurer and the duties which arise as a consequence of intoxicated patrons of licensed premises (including consequences for patrons who fail to ignore the taunts of fellow patrons). To read the full summary of these cases, head to bnlaw.com.au.

On this episode, BN’s Kingsley Grimshaw and Flynn Harch discuss a selection of ‘hot off the press’ cases which include the consideration of what it means to ‘use’ a motor vehicle, a dual insurance fight and a successful denial of cover based on misrepresentations, non-disclosure and fraud. To read the full summary of these cases, head to bnlaw.com.au.
 
The ‘use’ of a vehicle isn’t confined to circumstances where the vehicle is being driven – 00:33
The intention of the parties is paramount when determining the scope of a liability exclusion clause – 4:30
Don’t get tripped up – the importance of carrying out inspections properly – 8:27
Insured’s dishonesty not taken lightly by the Supreme Court of NSW – 12:30
 
This episode was edited by Audio Advantage.

On this episode, BN’s Kingsley Grimshaw and Gigi Lynis discuss when a limitation begins to tick on a policy dispute, the importance of understanding the true nature of a claim when reviewing policy response, whether a traffic jam constitutes a ‘dangerous situation’, and what it means to gain an improper personal benefit in the context of a D&O policy.

In this episode, BN’s Kingsley Grimshaw and Jemima McGrath consider what it means to take reasonable precautions under an insurance policy, the circumstances in which a court will rectify a policy to reflect the intentions of the parties (and the circumstances in which it won’t), and the assessment of damages in the long running saga of the Scenic Tours class action. To read the full summary of these cases, head to bnlaw.com.au.
 
Statutory conditions and “reasonable precautions” in insurance policies – what’s the difference? – 0:49
Common intent – no policy rectification if you can’t prove it – 4:40
When danger invites rescue, is there contributory negligence? – 9:25
Tour operator in troubled waters – assessing damages for disappointed cruisers – 13:50
 
This episode was edited by Audio Advantage.

In this episode, BN’s Kingsley Grimshaw and Mitchell Lee cover two decisions highlighting the onerous obligations owed by persons and entities charged with managing the safety of others. In the interests of balance, they also discuss a decision out of the NSW District Court involving a win for the defendants. To read the full summary of these cases, head to bnlaw.com.au.