Narrow is the way that leadeth to liability: Miljus v Watpow Constructions Pty Ltd [2012] NSWCA 96 *

Australia - May 7 2012
In the recent decision of Miljus v Watpow Constructions Pty Ltd [2012] NSWCA 96 (Miljus) the Court of Appeal had occasion to consider whether an occupier of a building site owed a duty to provide a safe means of access along a public road to the subcontractor of one of the occupier’s independent contractors.

Co-authors: Justin Carroll .

The credibility gap and the gullibility fill: Perpetual Trustee Company ltd v Milanex Pty Ltd (in liq) [2011] NSWCA 367 – mortgage brokers *

Australia - December 6 2011
In the recent case of Perpetual Trustee Company Ltd v Milanex Pty Ltd (in liq) the NSW Court of Appeal rejected a mortgage broker’s claim that a lender’s knowledge of discrepancies in a prospective borrower’s personal circumstances meant that the lender had not relied upon the mortgage broker’s misrepresentations in making the loan.

Co-authors: Justin Carroll .

Steigrad v BFSL 2007 Limited: defence costs precluded by statutory charge over insurance monies *

Australia, New Zealand - November 29 2011
A decision in this matter was handed down by the New Zealand High Court on 15 September 2011 that may have significant ramifications in Australia.

Co-authors: Susan Livingstone .