Date: Fri, 18 Aug 2006 01:00:02 +1000

From: Peter Radan

Subject: Trident General Insurance v McNiece

Jason,

Peter Kincaid has written extensively on Trident, including the following:

Peter Kincaid, 'The Trident Insurance Case: Death of Contract? (1989) 12 University of New South Wales Law Journal 59.

There is also an article of his in the Journal of Contract Law - some time in the late 1980s or early 1990s. Kincaid also edited a volume on privity published by Ashgate around 2000. The Trident case itself was extensively analysed by Gummow J (when on the Australian Federal Court) in Winterton Constructions Pty Ltd v Hambros Australia Ltd (1991) 101 ALR 363.

Since Trident, there has not been much judicial discussion of note on the case or the doctrine of privity.

Peter Radan

Associate Professor Peter Radan
Head, Department of Law
Macquarie University NSW 2109
Australia

Tel: +61 (0)2 9850-7091

>>> Jason Neyers >>>

Dear Colleagues:

Two questions:

1) Does anyone know of any appellate judicial discussion, or academic commentary, which tries to make sense of the decision of Trident General Insurance v McNiece? I have checked one Aussie textbook on contract but there did not seem to be much discussion of subsequent developments.

2) Does anyone have an opinion as to the best juridical understanding of the Trident case?

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