Full Court Minute Books

Case P12/2014

Maxwell v. Highway Hauliers Pty Ltd (ACN 008 863 214)

Case No.


Case Information

Lower Court Judgment

6/05/2013 Supreme Court of Western Australia (Court of Appeal) (McLure P, Pullin JA, Murphy JA)

[2013] WASCA 115


Insurance – Insurance Contracts Act 1984 (Cth) s 54 – Insurance contract covered accidental damage to Respondent's trucks and trailers – Claims made by Respondent for damage to vehicles being driven by drivers who had not satisfactorily completed driver test as required by insurance contract – Failure to complete test did not cause or contribute to loss – Whether Respondent's failure to comply with insurance contract constituted inherent restriction or limitation upon the scope of cover provided by Appellant – Whether Appellant obliged to indemnify Respondent by reason of s 54(1) – Whether court below erroneously considered interpretative approach taken in Johnson v Triple C.

Short Particulars


14/03/2014 Hearing (SLA, Canberra v/link to Perth)

27/03/2014 Notice of appeal

22/04/2014 Written submissions (Appellant)

22/04/2014 Chronology (Appellant)

14/05/2014 Written submissions (Respondent)

28/05/2014 Reply

06/08/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

10/09/2014 Judgment  (Judgment summary)