Attachment ‘A’

Extracts from ‘Letter to claims officer’

We refer to previous correspondence in relation to the above matter and would ask that this report be read in conjunction with our previous progress report dated 31 May 2000.

The principles of apportionment discussed by the Court of Appeal in Daniels v AWA Limited (1995) 37NSWLR 438, would suggest that even if there was a duty and it was breached, in the circumstances of the case, where a finding of contributory negligence was made on the basis of intoxication, there is no available finding against a tortfeasor referable to the same cause.

Whilst it appears that the Claimant continues to makes some improvement, it is questionable whether he will reenter the workforce in any meaningful capacity or whether he has the capacity of living independently in the long term.

Extract from ‘Deed of Release and Discharge’

In consideration of the person described in the First Schedule (hereinafter called the ‘Insurer’) as insurer for the person described in the Second Schedule (hereinafter called the ‘Insured’) paying to the person described in the Third Schedule (hereinafter called the ‘Releasor’) the sum of money referred to in the Fourth Schedule (hereinafter called the ‘settlement monies’) paid in full and final satisfaction and discharge of any claims whatsoever which the Releasor, or any person on behalf of the Releasor, may have arising as a result of or in any way connected with the matter (as defined in the Seventh Schedule) the Releasor hereby:

1. Releases discharges and forever holds harmless the Insurer and the Insured and each of them (hereinafter jointly and each of them severally…)