Trident General Insurance Company Ltd Vmcniece Bros Pty Ltd
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1988-0908 HCA A,[1988] HCA 44 |
| Date | 1988 |
| Court | High Court |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
176 cases
-
Jones v Bartlett
...not a party to the Lease and hence was not privy to it. No exceptions or qualifications of the kind considered in Trident General Insurance Co Ltd v McNiece Bros Pty Ltd67 apply. Nor could the appellant bring himself within s 11 of the Property Law Act 1969 (WA) (‘the Property Law Act’). So......
- Elbe Shipping Sa v Giant Marine Shipping Sa
- Kowalski v MMAL Staff Superannuation Fund Pty Ltd (ACN 064 829 616)
- Pitman v Pantzer (Trustee of Bankrupt Estate of Wenkart)
Request a trial to view additional results
5 firm's commentaries
-
Inside track: Local Government - In the media, in practice and courts, cases and legislation
...to which they were not a party - importance of the doctrine of privity - Trident General Insurance Co Ltd v McNiece Bros Pty Ltd [1988] HCA 44; (1988) 165 CLR 107 at 141-143 per Deane J applied - applicants had no standing to seek declaratory relief - proceedings Karimbla Properties (No 13)......
-
Superannuation funds: TPD insurance covers - the way forward for trustees and insurers
...law, the rule of privity of contract still applies to insurance contracts: Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107 per Brennan J at 127; Deane J at 143-4, 152; Dawson J at 158; and Gaudron J at 162. The Insurance Contracts Act 1984 (Cth) does not confer on......
-
Clarence City Council v Commonwealth of Australia: key learnings for councils, airport operators and other Commonwealth lessees
...those obligations. His Honour relied heavily on the decision of Deane J in Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107 (Trident), which makes clear that the doctrine of privity of contract is a fundamental and long-settled rule of the common law which has been......
-
Tenants insurance obligations under commercial leases
...consequential loss, relocation expenses and loss of market share. Footnotes 1 Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107 2 Section 48 of the Insurance Contracts Act 1984 (Cth); Section 49 of the Insurance Contracts Act 1984 The content of this article is inte......
Request a trial to view additional results
10 books & journal articles
-
Contract formation
...Constructions Pty Ltd (1991) 101 ALR 363 [Fed Ct Australia, Gummow J]. 14 Trident & General Insurance Co Ltd v McNiece Brothers Pty Ltd (1988) 165 CLR 107. As to “joint names” insurance, see Chapter 17. 15 he Act was introduced following sustained criticism of the privity of contract rule: ......
-
The Development of the High Court's Willingness to Overrule Common Law Precedent
...Acts 1986 (Cth) 132 Sir Anthony Mason, ‘An Australian Common Law?’ (1996) 14 Law in Context: A Socio-Legal Journal 81, 82–3. 133 (1988) 165 CLR 107. 134 Ibid 123–4 (Mason CJ and Wilson J), 172 (Toohey J). 135 (1992) 175 CLR 1. 136 Ibid 109 (Deane and Gaudron JJ). 137 Ibid 48 (Brennan J), 1 ......
-
Third party rights under shipping contracts in English and South African law
...'Privity of Contract — That Pestilential Nuisance' (1993) 56 Modern LR 722. 122 Trident General Insurance Co Ltd v McNeice Bros Pty Ltd (1988) 165 CLR 107 (HC Aust). For commentary on this case, see FMB Reynolds 'Privity of Contract, the Boundaries of Categories and the Limits of the Judici......
-
Edwards v Blomeley; Harriton v Stephens; Waller v James: wrongful life actions in Australia.
...Perruche (2000) Case No 9913701 (Unreported, Cour de Cassation Assemblee Pleniere, 17 November 2000). (49) (1997) 188 CLR 159. (50) (1988) 165 CLR 107 (`Trident'). (51) See the judgments of Mason CJ and Wilson J, Toohey J, and Gaudron J. (52) [2002] NSWSC 461 (Unreported, Studdert J, 12 Jun......
Request a trial to view additional results