Latest thinking

Thinking| 27 Jun 2018

Costs decision cuts deep

Following the successful appeal in medical negligence proceedings, a surgeon (Dr Gray) filed a notice of motion to vary the Court of Appeal’s costs orders. Mr Hobson, the plaintiff and respondent to the appeal, made his own application on ...

Thinking| 16 Apr 2018

An Excess of Excess (Clauses)

A recent interlocutory decision of the Supreme Court of New South Wales provides clarification on the scope of ‘other insurance’ clauses, ‘excess’ clauses, double insurance and the application of sections 45 and 48 of the Insurance Contracts Act, 1984 (Cth).

Thinking| 06 Mar 2018

Court of Appeal confirms anaesthetist liable for paraplegia

Mr Brendan Hobson, the respondent, suffered from a disorder which affected his ability to fill his lungs with air and, accordingly, restricted his breathing capacity.