2024 Maxwell v highway hauliers

Maxwell v highway hauliers

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August undefined, 2024

WebSection 54 of the Insurance Contracts Act 1984(Cth) (ICA) has been one of the most contentious and litigated provisions of the ICA, for the broad relief it offers insureds whose acts or omissions otherwise entitle an insurer to refuse to pay a valid claim.. A recent example is the decision of the Western Australian Court of Appeal in Mathew Maxwell v … Web6 aug. 2014 · Audio-visual recordings of Full Court hearings heard in Canberra. Case: Maxwell v. Highway Hauliers Pty Ltd. Date: 06 August 2014. Transcript: Hearing. AV time: 1h 20m.

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WebGraham v Colonial Mutual Life Assurance Society Ltd (N o 2) [2014] FCA 717 Camellia Properties Pty Ltd v Wesfarmers General Insurance Ltd [2014] NSWSC 946 Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33. Birdsall v Motor Trades Association of Australia Superannuation Fund Pty Ltd and MetLife Insurance Limited [2014] NSWSC 632 … Web10 sep. 2014 · The High Court today dismissed the insurer's appeal in Maxwell v Highway Hauliers Pty Ltd.The case concerned the application of s54 of the Insurance Contracts … civic type r badge

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WebIn Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33, the High Court of Australia, consisting of Hayne Crennan, Kiefel, Bell and Gageler JJ unanimously dismissed an … WebIntroduction. Section 54 of the Insurance Contracts Act 1984 (Cth) (ICA) provides relief to insureds with claims that fall within the scope of a policy, but whose acts or omissions otherwise entitle the insurer to avoid paying the claim.. The section was recently considered at Appellate Court level by the Western Australian Court of Appeal in Matthew Maxwell v … WebMaxwell v Highway Hauliers Pty Ltd (2014) 252 CLR 590; [2014] HCA 33, cited. McCann v Switzerland Insurance Australia Ltd (2000) 203 CLR 579; [2000] HCA 65, applied. Mount … douglas electric wyandotte mi

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WebThe above decisions provide some clarity in regard to the operation of section 54 in a post Maxwell v Highway Hauliers Pty Ltd 3 landscape. Although, as demonstrated in Pantaenius, section 54 continues to be applied broadly by the courts, Inglis illustrates that it is not a panacea for all claims. WebThe Facts Highway Hauliers (the insured) carried on a trucking business transporting freight to and from the Eastern States. Their fleet insurance contract covered accidental damage to their trucks and trailers, two of which were damaged in separate accidents in 2004 and 2005. The Claim civic type r desktop wallpaperWebIs the High Court’s decision in Maxwell v Highway Hauliers a game changer?. The answer differs, depending what hat you wear. That was the consensus from an AILA … douglas drive in

"WebThe High Court’s decision in September 2014 in Maxwell v Highway Hauliers Pty Ltd has resolved an important debate in insurance circles … " - Maxwell v highway hauliers

Maxwell v highway hauliers

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Web10 sep. 2014 · 10 September 2014. MAXWELL v HIGHWAY HAULIERS PTY LTD [2014] HCA 33. Today the High Court unanimously dismissed an appeal from a decision of the … WebMAXWELL v. HIGHWAY HAULIERS PTY LTD (P12/2014) Court appealed from : Court of Appeal of the Supreme Court of Western Australia [2013] WASCA 115 Date of judgment: …

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Web14 sep. 2014 · In Maxwell v Highway Hauliers Ltd [2014] HCA 33 the High Court has resolved the apparent tension between 2 different Court of Appeal decisions in Maxwell … WebHIH Claims Support Ltd v Insurance Australia Ltd (2011) 244 CLR 72. Johnson v Triple C Furniture & Electrical Pty Ltd [2012] 2 Qd R 337. Maxwell v Highway Hauliers Pty Ltd (2014) 252 CLR 590. Maxwell v Highway Hauliers Pty Ltd (2013) 45 WAR 297. Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds (2016) 19 ANZ Insurance Cases 62 …

WebLloyds underwriters) v Highway Hauliers Pty Ltd (2013) 298 ALR 700; [2013] WASCA 115 . Maxwell v Highway Hauliers Pty Ltd (2014) 252 CLR 590 . McCarthy v St Paul International Insurance Co Ltd [2007] FCAFC 28; (2007) 157 FCR 402 at [88]-[115] Mitchell v Latrobe Regional Hospital (2016) 51 VR 581 . Orient-Express Hotels Ltd v … WebMaxwell v. Highway Hauliers Pty Ltd (ACN 008 863 214) Case No. P12/2014 Case Information Lower Court Judgment 6/05/2013 Supreme Court of Western Austr... …

WebMaxwell v Highway Hauliers Pty Ltd [2014] HCA 33. It has been more than a decade since the High Court has delivered a judgment on the construction of s 54 of the Insurance Contracts Act 1984 (Cth). Given the uncertainty with the Court’s interpretation of s 54, … WebArticle by David Kew, Felicity Keays and Vidal Hockless. Kott Gunning. The recent case of Matthew Maxwell -v- Highway Hauliers Pty Ltd [2013] WASCA 115 raised the …

Web9 sep. 2014 · Author: Craig Hyde Judgement Date: 10th September, 2014 Citation: Matthew Maxwell v Highway Hauliers Pty Limited [2014] HCA 33 Jurisdiction: High Court of Australia[1] In Brief In this case the High Court resolved a divergence of opinion between the Courts of Appeal in NSW and Western Australia on the one hand and Queensland on the …

Web1 nov. 2014 · In Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 (10 September 2014) the respondent owned B-double trucks that were insured with the appellant insurers. The policy required, inter alia, that the drivers be certified as … douglas elementary school actonWebA guide to the styles recommended by Monash schools and departments for students and researchers Read how to cite and reference legal sources using the Harvard style civic type r dealer markupWeb5 nov. 2015 · This section which imposes a concept of causation, or prejudice to the insurer, to restrict an insurer’s reliance upon contractual terms to avoid liability for particular … douglas edwards newscasterWeb15 sep. 2014 · Highway Hauliers Pty Ltd ( the Insured) operated a trucking business which held an “occurrence based” policy with Lloyds underwriters ( the Insurers) covering … civic type r car and driverWebThe respondent, Highway Hauliers Pty Ltd (“the Insured”), carried on a trucking business and operated a fleet of trucks and trailers that transported freight between the Eastern and Western states of Australia. The appellant, Maxwell, is the authorised and nominated representative of various Lloyds underwriters. civic type-r ek9WebCo-author. Proper construction of an exclusion clause in a D&O policy - Oz Minerals Holdings Pty Ltd & Ors v AIG Australia Ltd [2015] VSC 185. May 2015. Author. The High … civic type r colorsWeb10 sep. 2014 · The High Court's decision today in Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 reinforces that insurers will not be permitted to rely upon drafting … civic type r builder