Palasty v Lendlease Building Pty Ltd (NSWPICPD 2021)

Key Takeaways

An injured worker cannot simply rely on their own version of events in seeking to establish injury. Where the worker’s evidence is contradicted by statements of other witnesses the worker will be required to have independent support for the allegations of injury.

Brief Facts

Stanshall v The Urban Fringe Kings Langley Pty Ltd (NSWPICPD 2021)

Key Takeaways

Members (formerly Arbitrators) in the PIC, as first instance decision makers, have the discretion to determine what weight should be given to the medical evidence before them. In exercising this discretion, Members must consider the evidence as a whole and then accept, reject, or give greater preference to some evidence over others.

Brief Facts

Recent Decisions

Member’s discretion when considering medical evidence
Stanshall v The Urban Fringe Kings Langley Pty Ltd (NSWPICPD 2021)

Psychological injury rejected in absence of supporting evidence
Palasty v Lendlease Building Pty Ltd (NSWPICPD 2021)

Key Takeaways

The FCA has provided useful guidance on when leave is required from the Court to use documents produced in separate proceedings.

The Harman obligation prevents a party who has obtained documents or information from another party through a court order, from using those documents or information produced for any other purpose than that for which it was given. A party can only be released from this obligation by the Court. ¹ 

Key Takeaways

In subrogated real property recovery actions, the terms and conditions of any lease need to be given careful consideration with a view to ascertaining whether or not they impede the right of subrogation.

Example – Outgoings include insurance premiums

Key Takeaways

In light of the ongoing impacts of COVID-19 and lockdowns, the NSW Government has introduced new measures to support tenants of retail and commercial leases.

The measures introduced create a hurdle for landlords to take actions for some breaches until 20 August 2021. Given the lockdown extensions, the measures may well be extended.

New Regulations

Key Takeaways

Section 28(3) of the Insurance Contracts Act (the Act) provides grounds for an insurer to reduce payment of a claim commensurate to the level of exposure that the insurer would have had if the misrepresentation or non-disclosure had not occurred. An insurer may reduce its liability for a claim to nil where it is able to show that but for the misrepresentation / non-disclosure the insurer would not have provided cover at all.

Davidson v Official Receiver (FCAFC 2021)

Key Takeaways

A 139ZQ notice can be issued right up until the last day of any applicable limitation period. It will not be invalidated merely because the underlying claim will be statute barred before the notice is complied with or enforced.

Brief Facts

The relevant key dates and events were as follows: