Maxwell v. Highway Hauliers Pty Ltd (ACN 008 863 214)
Case No.
P12/2014
Case Information
Lower Court Judgment
6/05/2013 Supreme Court of Western Australia (Court of Appeal) (McLure P, Pullin JA, Murphy JA)
Catchwords
Insurance – Insurance Contracts Act 1984 (Cth) s 54 – Insurance contract covered accidental damage to Respondent's trucks and trailers – Claims made by Respondent for damage to vehicles being driven by drivers who had not satisfactorily completed driver test as required by insurance contract – Failure to complete test did not cause or contribute to loss – Whether Respondent's failure to comply with insurance contract constituted inherent restriction or limitation upon the scope of cover provided by Appellant – Whether Appellant obliged to indemnify Respondent by reason of s 54(1) – Whether court below erroneously considered interpretative approach taken in Johnson v Triple C.
Documents
14/03/2014 Hearing (SLA, Canberra v/link to Perth)
27/03/2014 Notice of appeal
22/04/2014 Written submissions (Appellant)
22/04/2014 Chronology (Appellant)
14/05/2014 Written submissions (Respondent)
28/05/2014 Reply
06/08/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
10/09/2014 Judgment (Judgment summary)