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Whittington v Smeaton [2016] ACTSC 76 — Negligence & Insurance — Barrister AI

Whittington v Smeaton

[2016] ACTSC 76

Supreme Court of the ACT18 April 2016

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Catchwords

1. Torts
2. › NEGLIGENCE
3. › personal injury
4. › injury sustained after falling off a jet ski
5. › whether defendants in breach of duty to take precautions against risk of harm
6. › Civil Liability Act 2003 (Qld), s 9
1. Insurance
2. › exemption clause in insurance policy contract
3. › Insurance Contracts Act 1984 (Cth), s 54
4. › power to refuse to pay claim by reason of act of insured
5. › act must be capable of being reasonably regarded as being capable of causing or contributing to a loss
6. › low threshold test
7. › insurer not able to refuse to pay where no part of the loss that gave rise to the claim was caused by act
8. › absence of licence not found to have caused any part of the loss giving rise to the claim

Case Details

Citation[2016] ACTSC 76

CourtACTSC

JurisdictionAustralian Capital Territory

Decision Date18 April 2016

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Cited by3

2024Gibson (a pseudonym) v Askim Pty Ltd ATF the Askim Trust trading as Central Cafe GroupACTSC 203
2023Glover v Fuller (No 2)ACTSC 12
2016Allianz Australia Insurance Ltd v SmeatonACTCA 59

Relies on13

2015Stenning v SanigNSWCA 214
2015Stewart, Vickery and Stewart v AcklandACTCA 1
2014Campbell v HayNSWCA 129
2014State of Queensland v KellyQCA 27
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