James Morse

James Morse

DLA Piper

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Successful application for security for costs

In Austcorp Project Number 20 Pty Ltd v LM Investment Management Ltd [2014] FCA 1371, the Federal Court of Australia was called upon to consider various interlocutory applications requesting security for costs against the...more

12/17/2014 - Australia Interlocutory Orders Litigation Fees & Costs

Forged artwork case illustrates proportionate liability

In McBride v Christie’s Australia Pty Limited [2014] NSWSC 172, the Plaintiff purchased a painting at an auction held by Christie’s Australia Pty Limited (“Christie’s”) through a bidding agent, Vivienne Sharpe. The vendor of...more

12/8/2014 - Art Australia Forgery

Penalties imposed on APCHL directors

The Federal Court of Australia has delivered its judgment in respect of the penalties to be imposed against five former directors of Australian Property Custodian Holdings Ltd (“APCHL”) who breached their directors’ duties by...more

12/4/2014 - Australia Board of Directors Breach of Duty

Separate trials of liability and quantum in an insurance context

In Fortescue Metals Group Ltd v Underwriting Members of XL Syndicate 1209 at Lloyd’s for the 2004 and 2005 Underwriting Years of Account [2014] WASC 422, the Supreme Court of Western Australia considered whether to order the...more

11/26/2014 - Australia D&O Insurance Insurers

Granting leave to join an insurer, without seeing the policies – Guild Insurance Ltd v Hepburn

In Guild Insurance Ltd v Hepburn [2014] NSWCA 400, the Court of Appeal had to consider whether to grant leave to join an insurer under section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) (“LR(MP)A”). One of...more

11/25/2014 - Australia Insurers

High Court finds no duty of care

In Hunter and New England Local Health District v McKenna; Hunter and New England Local Health District v Simon & Anor [2014] HCA 44, the High Court unanimously allowed appeals from the New South Wales Court of Appeal, and...more

11/13/2014 - Australia Duty of Care Hospitals

Resolving competing factual scenarios – a good example from the NSW Supreme Court

In Layton Smith bht Troy Smith v NRMA Insurance Limited [2014] NSWSC 1518, the Supreme Court of NSW was called upon to determine the separate question of liability in a motor vehicle accident matter. However, in a somewhat...more

11/13/2014 - Australia Auto Insurance Car Accident

Quasi Anton Piller Orders – Ho v Fordyce

In the recent judgment of Ho v Fordyce (ex parte) [2014] NSWSC 1404, the plaintiffs were granted relief similar to an Anton Piller order; namely, orders for access to and the making of copies of material on the defendant’s...more

10/15/2014 - Australia Discovery

Lifting the cloak of privilege – AusNet v Liesfield

Corporations and their insurers have long sought to protect their investigations by cloaking them in privilege. In contrast, Courts have long sought to look behind that cloak to find the real purpose of documents arising from...more

10/9/2014 - Attorney-Client Privilege Australia Insurers

Corporate Insurance Trends 2014

Although we are seeing the tail end of many of the claims which arose from the Global Financial Crisis, the sophisticated plaintiff’s bar and ever-developing class action landscape means that companies and their officers will...more

9/16/2014 - Arbitration Arbitration Agreements Class Action Cyber Insurance Cybersecurity D&O Insurance Disclosure Requirements Insureds Liability Insurance Professional Liability Risk Management Underwriting

Maxwell v Highway Hauliers – High Court Judgment Delivered – s54 does its work

The long awaited judgment of Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 was delivered by the High Court of Australia only moments ago....more

9/10/2014 - Australia Insurers Trucking Industry

Maxwell v Highway Hauliers – High Court Judgment Imminent

Those of you following our coverage regarding the proceedings of Maxwell v Highway Hauliers, presently before the High Court of Australia, will be pleased to hear that judgment is set to be delivered at 10.15am on Wednesday,...more

9/8/2014 - Australia Insurers

Update on Maxwell v Highway Hauliers – High Court Appeal

Further to our update of 27 March 2014, the Appellant’s (insurers’) written submissions in the Maxwell v Highway Hauliers High Court Appeal have been filed. ...more

4/30/2014 - Australia Trucking Industry

Maxwell v Highway Hauliers – Special leave granted

Readers of this blog will no doubt be aware of the litigation surrounding Highway Hauliers v Maxwell [2012] WASC 53 and Maxwell v Highway Hauliers [2013] WASCA 115. These judgments considered whether an insured was entitled...more

3/28/2014 - Australia Insurance Contracts

When is a ‘claim’ not a ‘claim – when it is a defence?

In the recent case of Austcorp Project No 20 Pty Ltd v LM Investment Management Ltd, in the matter of Bellpac Pty Ltd (receivers and managers appointed) (in liq) (No 2) [2014] FCA 44, the Federal Court was called upon to...more

2/13/2014 - Australia Complaint Procedures

Update on non-disclosure – Prepaid v Atradius (No.2)

Readers may recall our previous entries in July 2012 and August 2013 concerning the decisions of Prepaid Services Pty Ltd v Atradius Credit Insurance NV [2012] NSWSC 608 and Prepaid Services Pty Ltd & Ors v Atradius Credit...more

2/11/2014 - Australia Credit Insurance Non-Disclosure Agreement

Legal Notebook - December 2013

In honour of the current Ashes cricket series (and given that, at the time of writing, there has just been a resounding victory by Australia in the First Test), we have elected to focus this edition of Legal Notebook on a...more

12/19/2013 - Appraisal Contract Disputes Duty of Care Lending Mortgages Real Estate Market Real Estate Professionals UK

Valuation liability – what if you get the right answer, using the wrong approach?

There has been a long debate as to whether the proper approach to determining liability in ‘negligent valuation’ cases is to focus on whether the valuer was negligent in (a) the way in which they went about their task (that...more

12/2/2013 - UK Valuation

Legal Notebook: Case Study : John Grimes Partnership Limited V Gubbins

SNAPSHOT - The English Court of Appeal’s recent decision in John Grimes Partnership Limited v Gubbins [2013] EWCA Civ 37 has confirmed that, in certain circumstances, a third party involved in a property development...more

9/25/2013 - Damages Delays Fair Market Value Land Developers Liability Loss of Value Third-Party

Professional Responsibility of Experts

In the recent judgement of Macquarie International Health Clinic Pty Ltd v Sydney Local Health District; Sydney Local Health District v Macquarie Health Corporation Ltd [2013] NSWSC 970, Kunc J took the opportunity to "remind...more

7/23/2013 - Expert Witness Litigation Strategies Professional Liability

Australia- Placing Limits On The Provision Of "Reasonable Information And Assistance"

In the recent judgment of Stealth Enterprises Australia Pty Ltd v Calliden Insurance Limited [2013] NSWSC 825, the Supreme Court of New South Wales was called upon to determine the scope of a provision in an insurance policy...more

7/9/2013 - Homeowner's Insurance Insurance Companies Insurers

Australia: What's in a 'Claim'? - An Update

Readers may recall our previous entry in May 2012, where we covered the decision of Kyriackou v ACE Insurance Limited [2012] VSC 214. In that case, the Supreme Court of Victoria held that Michael Kyriackou was not entitled...more

7/9/2013 - Indemnity Agreements Indemnity Insurance

Australia: Communication with the Court - A Judicial Reminder

In the recent judgement of Hill as Trustee for the Ashmore Superannuation Benefit Fund v Halo Architectural Design Services Pty Ltd [2013] NSWSC 878, Stevenson J took the opportunity "to remind practitioners of their...more

7/9/2013 - Confidential Communications Electronic Communications Required Communications

Legal Notebook: Hunt & Hunt Lawyers v Mitchell Morgan Nominees PTY LTD (ACN 108 571 222) And ORS – High Court Appeal (Australia)

Snapshot - Readers of this journal may recall the judgment of Mitchell Morgan Nominees Pty Limited v Vella [2011] NSWCA 390, which we covered in the Legal Notebook section of the March 2012 edition. That judgment...more

6/25/2013 - Borrowers Fraud Gross Negligence Lenders Liability Mortgages Negligence

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