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Tim Pitt

Partner

Sydney

+61 2 9234 4565

Tim is an insurance litigation specialist, with a particular focus on defending public and product liability claims, together with property damage and professional indemnity claims.

EXPERIENCE & EXPERTISE

Tim has handled and is responsible for an extensive and diverse portfolio of public and product liability claims, including numerous large scale and complex litigated matters. Handling claims of this nature has given Tim particular expertise in the management of major claims, particularly in the analysis and assessment of complex heads of damages.

His experience extends to advising clients on policy coverage and interpretation, dual insurance and contractual indemnity issues.

He has extensive experience in conducting litigation in various jurisdictions including the NSW Court of Appeal, NSW and ACT Supreme Courts, and NSW District Court. Tim is also a proactive participant in formal and informal dispute resolution procedures, with the objective of facilitating early resolution of claims.

Tim acts for various construction companies, manufacturers, sporting bodies, security companies, cleaning contractors and SME’s on instructions from a number of Australian and overseas insurers.

Clients have commended Tim for his ‘attention to detail’, ‘knowledge of his file’ and his ‘exceptionally efficient manner’ in conducting matters.

ACCOMPLISHMENTS

Tim has expertly resolved claims and conducted litigation across all manner of injuries, including catastrophic, minor, physical and psychological with many varying and complex issues. Highlights include:

  • Singh bhnf Ambu Kanwar v Lynch [2020] NSWCA 152 - Successfully defended a jockey in a claim brought against him by another jockey as a result of race fall which caused catastrophic brain injury.
  • Lloyd v Thornbury [2019] NSWCA 154 – successfully defended a contractor who had carried out work at a residential premises where the tenant suffered various injuries.
  • Bon McArthur Transport Pty Ltd (In liq) v Caruana [2013] NSWCA 101 - successfully overturned judgment of $1.7 million entered against insurer at first instance on basis that Bon McArthur Transport was not an ‘insured’ under the policy and the entities that were insured under policy were not ‘owners’ of the motor vehicle that crushed the injured party.
  • Successfully defended a head contractor of a building site in a claim brought by an employee of a subcontractor who was electrocuted at the site. The injured party’s appeal against the verdict entered in favour of head contractor was dismissed.
  • Successfully defended a race club and racing body in a claim where a licensed person was trampled by a horse that had broken away from its handler.
  • Successfully defended a tyre retailer in respect of claims of a defective product and negligent advice resulting in a double fatality truck accident.
  • Successfully defended a commercial property owner in a claim brought by a visitor who suffered various injuries allegedly caused by the condition of the premises.
  • Representing a farm machinery retailer and its insurer in respect to claims of a defective product and negligent advice resulting in a catastrophic brain injury (damages initially assessed in excess of $14 million), which was successfully resolved in the Court of Appeal.
  • Representing a film director, a production company and their insurers in respect of claims of negligent set management causing significant injuries to an actor.
  • Representing a resort in a catastrophic brain injury claim caused by a bicycle accident which resolved at mediation.
  • Representing an abattoir and its insurer in respect of alleged meat contamination resulting in a nationwide recall which resolved at mediation.

Expertise

Qualifications

  • Bachelor of Laws, 1998, Bond University

Specialist Accreditations

  • Accredited Specialist in Personal Injury Law

Memberships

  • Law Society of New South Wales
  • Australian Insurance Law Association