Maxwell v Highway Hauliers Pty Ltd

JurisdictionAustralia Federal only
CourtHigh Court
JudgeFrench CJ,Crennan,Kiefel,Bell,Gageler JJ.
Judgment Date10 September 2014
Neutral Citation[2014] HCA 33
Date10 September 2014
Docket NumberP12/2014
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2 cases
8 firm's commentaries
  • S54 of the Insurance Contracts Act (ICA) – An insured's best friend
    • Australia
    • Mondaq Australia
    • 1 March 2017
    ...section 54 ICA, all of which have been in the insured's favour, starting with the High Court in Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33, followed by Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds [2016] The Facts On 27 November 2010, Whittington was injured in a je......
  • Transport & Logistics News - March 2017: part 2
    • Australia
    • Mondaq Australia
    • 12 April 2017
    ...Services Pty Ltd v Atradius Credit Insurance NV [2013] NSWCA 252 and the High Court decision of Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33. The following extract of the judgment (at [46]) explains how the Full Court came to determine the issue that section 54 was The Nautilus policy p......
  • The Long Haul: High Court endorses broad application of s54 of the Insurance Contracts Act
    • Australia
    • Mondaq Australia
    • 16 September 2014
    ...Qd R 337 4[2013] NSWCA 252 5Ibid at [140] 6Highway Hauliers Pty Ltd v Maxwell (2012) 17 ANZ Ins Cas 61-925 7[1997] HCA 35 8[2001] HCA 38 9[2014] HCA 33 at [21] 10[1997] HCA at [660-661] 11[1997] HCA at [660-661] 12[2014] HCA 33 at [27] 13[2014] HCA 33 atreds as it confirms the ongoing relev......
  • Highway Hauliers, final roll - High Court dismisses appeal by insurers
    • Australia
    • Mondaq Australia
    • 9 October 2014
    ...v Highway Hauliers [2014] HCA 33 On 10 September the High Court published its reasons for decision on the appeal by insurers against the Court of Appeal in Western Australia upholding the trial judge's decision to the effect that the insured was entitled to The claims which were the subject......
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1 books & journal articles
  • The Insurance Act 2015: Rebalancing the Interests of Insurer and Assured
    • United Kingdom
    • The Modern Law Review Nbr. 78-6, November 2015
    • 1 November 2015
    ...Ltd [2003] DCR 700: issue ducked.78 Sun Alliance vTravel the Earth [1997] DCR 31: exclusion.79 Maxwell vHighway Hauliers Pty Ltd [2014] HCA 33: risk definition.80 Johnson vTriple C Furniture & Electrical Pty Ltd [2010] QCA 282: risk definition, but disapprovedin Maxwell ibid.81 Report No ......

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