Mace v Justice and Forensic Health Network; The Geo Group Australia Pty Ltd v AAI Limited t/as Vero Insurance [2016] NSWSC 803

Supreme Court New South Wales

Medium Neutral Citation: Mace v Justice and Forensic Health Network; The Geo Group Australia Pty Ltd v AAI Limited t/as Vero Insurance [2016] NSWSC 803 Hearing dates: 23 May 2016 Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Common Law Before: Schmidt J Decision: Judgment for the cross-claimant.

The parties to file the orders reflecting the conclusions reached within 14 days.

The usual order as to costs is that they follow the event. In this case that is an order in favour of Geo. Parties to be heard if they seek any departure from the usual order. Catchwords: INSURANCE – correctional facility – medical malpractice civil liability insurance policy – psychological services – failure to assess inmate for risk of self harm – whether claim falls within terms of policy – nature of duty of care – contractual obligations – the system in operation at the correctional facility – the construction of the policy – whether claim is covered by policy – claim made out – orders made Cases Cited: Kooragang Cement Pty Ltd v Bates (1994) 35 NSWLR 452 McCann v Switzerland Insurance Australia Ltd (200) 203 CLR 579 QBE Insurance Ltd v Nguyen [2008] SASC 138 Category: Principal judgment Parties: Shayne Patrick Mace by his tutor Kathy Leah Mace (Plaintiff) Justice and Forensic Health Network (First Defendant) The State of New South Wales (Second Defendant) The Geo Group Australia Pty Ltd (Third Defendant/Cross-Claimant) AAI Limited trading as Vero Insurance (ABN 480 052 978 07) (Cross-Defendant) Representation: Counsel: Mr AP Cheshire SC (Cross-Claimant) Ms PA Horvath (Cross-Defendant)