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  • Australasian Transport News (ATN)

    ON THE REBOUND

    Feb 17, 2020 4 minutes
    WORDS RUZA ZIVKUSIC-AFTASI

    Ken Hughes has been running Tas Star Transport, formerly known as Kellara Transport, out of Rocherlea in Tasmania since 1990.

    Twelve years ago, on July 1, 2008 – the day he returned from a seven-month long caravan trip around Australia with his wife, one of his drivers ran a prime mover with an excavator in tow into a railway overpass, causing damage.

    The driver and company were sued for damages for negligence by the State of Tasmania, with Hughes subsequently taking up third-party proceedings; claiming an indemnity from National Transport Insurance (NTI).

    According to Barry Nilsson Lawyers, NTI had relied on three exclusion causes to deny indemnity: conveying an excess load; an unsafe

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