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Costs decision cuts deep

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 costs. Following a mediation, Dr Gray had served an offer of compromise dated 1 November 2016 […]

An Excess of Excess (Clauses)

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). The decision is beneficial to general insurers and their lawyers dealing with coverage issues in […]

Court of Appeal confirms anaesthetist liable for paraplegia

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. His prognosis was grave and corrective surgery in two stages was recommended. The first operation was successful, however, the second – on 17 November 2009 – was terminated before its […]