Insurance in MOtion November 2024

Welcome to Insurance in Motion! We're excited to share the latest insights and updates with you.
November 6 2024

Below, you'll find links to our articles for this month, covering a range of topics designed to keep you informed and engaged. We hope you find them valuable and informative.

A Lot to Lose: Sole director subject to a non-party costs order – MC Wholesaling Pty Ltd v Zheng [2024] VSCA 248

By Stuart Eustice, Partner and Gregor Campbell, Lawyer

The Court of Appeal was recently required to consider the rare decision by the Supreme Court to pierce the corporate veil and join a sole director to a punitive costs order. In doing so it took the opportunity to discuss the circumstances in which a non-party may be joined to a costs order.

Read more, here.

State’s Duty to Protect Minors: Court Finds NSW Liable for Negligence in Supervision Case – T2 (by his tutor T1) v State of New South Wales [2024] NSWSC 1347

By Isabelle Touma, Lawyer

T2, a minor, sued the State of New South Wales for negligence following an assault by 12 students on 16 October 2017, shortly after school. Both parties acknowledged the seriousness of the assault but the issue of the school’s liability was contested.

Read more, here.

Duty of care in the context of sporting injuries – too long of a jump? – Stanberg v State of New South Wales [2024] NSWDC 462

By Cheyenne Griffiths, Lawyer

The Plaintiff brought proceedings against the State of New South Wales, for injuries suffered whilst participating in an athletics activity at Neutral Bay Public School. The Plaintiff alleged the State of New South Wales was vicariously liable for any negligence on the part of either the school or members of the school staff on the basis it failed to take adequate precautions for the risk of injury, being any long jump activity.

Read more, here.