Contact:
Gerry Tzortzatos | Partner
Gerry specialises in litigation and dispute resolution. He has represented insurers across various lines of risk for over a decade, including public liability, motor accident, aviation and maritime. Prior to that he acted for claimants in personal injury matters and also acted in defence of criminal prosecutions. Gerry holds a Bachelor of Law and a Bachelor of Business from the University of Technology, Sydney.
Gerry’s experience encompasses the following areas:
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• Advising insurers in relation to liability and quantum issues across various lines of risk including aviation, maritime, construction, public liability, product liability and professional indemnity.
• Maritime and aviation hull claims and cargo claims.
• Special interest in claims involving technical aspects of engineering, manufacturing, or construction.
• Special interest in claims under the Australian Consumer Law.
• Advising insurers on indemnity issues including the application of the Insurance Contracts Act 1984 and double insurance issues.
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• Defending clients in relation to Police prosecution
• Defending clients in relation to prosecutions by SafeWork authorities for alleged breaches of safe work laws and regulations.
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• Transfield Services (Australia) v Hall; Hall v QBE Insurance (Australia) [2008] NSWCA 294 which involved issues of whether a non-delegable duty of care existed in relation to the contracting of high risk work as well as the application of a professional advice exclusion clause under a public and products liability policy.
• Tarabay v Leite [2008] NSWCA which is a seminal case in relation to the application of s151Z of the Workers Compensation Act 1987 and the apportionment of liability between employer and non-employer tortfeasors.
• Bradley v Matloob [2015] NSWCA 239 in which the judgement against an insurer was successfully overturned on appeal on the basis that the trial judge did not adequately grapple with the inconsistency between the insured’s uncontested evidence and the finding that he was responsible for the accident.
• Dempsey v AM Controls Pty Ltd [2019] NSWSC 698 in which the insurer successfully defended liability for an industrial accident using expert engineering evidence regarding the operation of a steel cutting machine.
• Tasker v Munro [2020] NSWSC 1674 which was one of the first successful oppositions by an insurer against joinder to proceedings pursuant to the Civil Liability (Third Party Claims Against Insurers) Act 2017 on the basis that there was no arguable policy response.