To what extent can section 74(1) of the Trade Practices Act be qualified?
Article Abstract:
The High Court of Australia ruled in Qantas Airways Ltd. v. Aravco Ltd. that the indemnity clause in the insurance contract between Qantas and Aravco did not violate section 74(1) of the Trade Practices Act 1974. BAT Industries PLC sued Qantas for negligent damage to aircraft owned by BAT. While Qantas did indeed breach the implied warranty of due care imposed by section 74(1), that breach had no effect on the indemnification agreement. Aravco could not make a claim under section 74(1) unless it actually sued Qantas for breach of warranty.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1996
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Akai Pty Ltd v People's Insurance Co Ltd
Article Abstract:
The decision of the High Court of Australia in Akai Pty v. People's Insurance Co established that a foreign jurisdiction clause in an insurance clause could be overridden on choice of law and public policy principles. The Court disregarded the parties' intent, as expressed in the contract, and treated the clause as a choice of forum clause subject to Australian law. The result was that the High Court dismissed the stay of proceedings, allowing Akai to make use of section 54 of the Insurance Contracts Act 1984.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1997
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The guest who came to dinner
Article Abstract:
The Supreme Court of New South Wales found in Hartman v. GIO Australia Ltd. that the insured could not be excluded from insurance coverage for an injury to a guest at a dinner party. The Court focused on the meaning of "owner or occupier" in the policy exclusion for liability incurred as the owner or occupier of the insured building. The Court found that the insurer was being sued as a casual tortfeasor and not as the owner or occupier of the property so the exclusion did not apply to bar indemnification.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1996
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