The Wayne Tank Principle, more than one cause, the wording of exclusion clauses and flooding

July 12, 2018

The Wayne Tank principle operates with the effect that insurers may avoid liability where there are multiple causes of damage and only one of these causes of damage falls within an exclusion clause under the policy. In rejecting the Plaintiffs’ claims following flooding in the Brisbane CBD in January 2011 his Honour Justice Davis pointed out that insurers cannot simply rely on the Wayne Tank principle and they must consider the application of the contractual intentions of the parties and in particular the wording of the exclusion itself before relying on Wayne Tank to decline a claim. here.

Could limitation clauses in construction projects be unenforceable?

June 27, 2018

Gilchrist Connell's latest Limelight edition explores the recent decision of Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246 which held that a limitation clause in a construction project that sought to restrict the time in which a party could bring a misleading or deceptive conduct claim under the Australia Consumer Law (ACL) was unenforceable. See the full article by Katherine Czoch and Marini Mann here.

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