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On 21 February 2012, Corboy J of the Supreme Court of Western Australia found in favour of Highway Hauliers Pty Ltd (Highway Hauliers) ruling that section 54 of the Insurance Contracts Act 1984 (Cth) precluded its insurer from denying indemnity
In Vero Insurance Ltd v Kassem 2011 NSWCA 381, the NSW Court of Appeal recently held that where a breach of statutory warranty is established under the Home Building Act 1989 (NSW), the limitation period does not necessarily commence on the date of practical completion, but may commence on the earlier date of completion of the specific works or part of the works to which the dispute relates
On 5 October 2011, the NSW Supreme Court upheld an application pursuant to s 440D(1) of the Corporations Act 2001 (Cth) for leave to bring and continue proceedings against a defendant under voluntary administration
On 15 December 2011, the New South Wales Court of Appeal handed down its decision in Mitchell Morgan Nominees Pty Limited Pty Ltd v Vella 2011 NSWCA 390 (Vella). In doing so, the Court clarified how proportionate liability operates in New South Wales pursuant to Part 4 of the Civil Liability Act 2002
The Australian Securities & Investments Commission (ASIC) commenced civil proceedings in the Supreme Court of NSW against James Hardie Industries Limited (JHIL), James Hardie Industries NV (JHINV), seven former non-executive directors and three former executives of JHIL for breaches of the Corporations Act 2001 (Cth) (Act) in relation to the preparation and approval of public statements
