EXPERIENCE & EXPERTISE

David prides himself on the accuracy and thorough preparation of his advice work, with his attention to detail and commercial awareness reflected in the successful results obtained for clients. He has extensive experience in mediation, achieving resolution of over 90% of the matters that are referred to mediation. This has provided considerable cost savings to his clients. He provides advice on and has litigated large and complex insurance and commercial matters, with particular expertise including construction liability and medical negligence.

David is well versed in all aspects of general insurance ranging from contract works cover to professional indemnity and public liability.

He receives instructions from major insurers to act in claims brought against building professionals including engineers, building consultants, contractors, project managers and valuers, as well as financial advisers and accountants, general consultants, medical practises, pathologists, radiologists and hospitals. David has advised insurers on numerous significant cases.

David’s coverage expertise includes equine insurance and all types of liability and casualty policies including professional indemnity, industrial special risk, machinery, contract works, errors and omissions and public and product liability

ACCOMPLISHMENTS

David’s experience includes:

• Defending a claim on behalf of a supplier of large wine fermenters, whose alleged negligent design and installation was said to have caused the catastrophic collapse of a tank farm, resulting in significant damage to the winery, a loss of wine, and injuries to persons working on site. Highly favourable settlement negotiated at hearing.
• Acting for a major poultry producer in a multi-million dollar claim in respect of coverage under an ISR policy for property and business interruption losses arising from the deaths of thousands of chickens due to avian influenza
• Defending a not for profit organisation responsible for eco-labelling in a highly complex suit by a disaffected party alleging misleading and deceptive and other unlawful conduct
• Representing five former executive directors of a public company in defence of a multimillion dollar suit for insolvent trading, successfully resolved by mediation
• Defending a pathologist in respect of a claim for nervous shock alleged to have been brought on by the false-positive diagnosis of breast cancer
• Advising leading insurer on coverage available under a project specific professional indemnity policy for a major contractor engaged to design and construct a train maintenance facility. Claim involved alleged damage to onsite water detention tanks constructed beneath the facility.
• Representing a builder in relation to the cracking of the concrete pavement of a container storage yard. Successful in deflecting all liability to the design engineer at the pre-litigation stage.
• Defending a civil contractor in respect of multiple claims arising from damage to an historical hotel building said to have arisen from movement of a pile wall during excavation of the basement for the 12 storey building being constructed on the adjoining site. All claims favourably resolved at mediation.
• Acting for a pathologist alleged to have failed to report the presence of a perineural tumour said to have invaded the claimant’s face and head some five years later. Claimant had a lengthy history of head and neck cancers. Case raised significant causation and damages issues.
• Representing a local watermelon seed retailer in respect of multimillion dollar damages claim for crop failure due to Fusarium Wilt, said to have been caused by contaminated seed. Matter resolved on highly favourable terms prior to hearing. Acting for a polystyrene packaging manufacturer in defence of claims arising from the destruction of a large warehouse complex by a fire originating in the insured’s machine.
• Defending an insurance claim by a major Australian corporation arising from the explosion of an oil well in Indonesia, in which there were heavily contested issues of non-disclosure and misrepresentation
• Advising on coverage issues arising from structured defects in a coal handling and process plant, including the operation of a loss mitigation clause and its interaction with contract works cover
• Advised United Kingdom underwriters on coverage issues relating to a contract works claim by a major road builder in connection with the subsidence of the road embankments and pavement of a major freeway in Brisbane
• Acting for successful engineer in Rickard Constructions Pty Ltd and Anor v Rickard Hails Moretti Pty Ltd & Ors (2004) 220 ALR 267, case involving failure of substantial container park pavement
• Acting in AXA Global Risks (UK) Ltd v Haskins Contractors Pty Ltd (2004) 13 ANZ Insurance Cases 61-611, a case which examined what constitutes damage to property and when damage occurs for the purpose of a contract works policy
• Representing AXA Global Risks (UK) in the defence of a multi-million dollar claim for defects in the construction of tunnel of a hydro-electric power station, favourably settled by mediation, after developing a case based on analysis of hundreds of pages of documents and arbitral awards.