Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chubb Insurance Company of Australia Limited v Robinson [2016] FCAFC 17 Appeal from: 470 St Kilda Road Pty Ltd v Robinson (2013) 308 ALR 411; [2013] FCA 1420
File number VID 40 of 2014
Judges: FOSTER, ROBERTSON AND DAVIES JJ
Date of judgment: 26 February 2016
Catchwords: INSURANCE – whether, by making a statutory declaration in support of a progress claim for payment under a design and construct contract and by providing that claim and statutory declaration to the proprietor, an executive of the building contractor which made the claim did so "… in rendering … professional services to a third party" (being project management services rendered by the contractor to the proprietor) within the meaning of a professional services exclusion clause in a Directors and Officers insurance policy taken out by the contractor
Legislation: Building and Construction Industry Security of Payment Act 2002 (Vic) Corporations Act 2001 (Cth), s 9 Domestic Building Contracts Act 1995 (Vic), s 8 Evidence Act 1995 (Cth), s 144 Federal Court Rules 2011, rr 15.13(a), 30.01, 30.02
Cases cited: 470 St Kilda Road Pty Ltd v Robinson (2013) 308 ALR 411; [2013] FCA 1420 Australian Casualty Co Ltd v Federico (1986) 160 CLR 513 Bradfield v Federal Commissioner of Taxation (1924) 34 CLR 1 Carr v Inland Revenue Commissioners [1944] 2 All ER 163 CGU Insurance Ltd v Porthouse (2008) 235 CLR 103 Chemetics International Ltd v Commercial Union Assurance Company of Canada (1984) 55 BCLR 60 Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ex parte Bucknell (1936) 56 CLR 221 FAI General Insurance Co Ltd v Gold Coast City Council [1995] 2 Qd R 341 Fitzpatrick v Job (2007) 14 ANZ Insurance Cases ¶61-731 GIO General Ltd (t/a GIO Australia) v Newcastle City Council (1996) 38 NSWLR 558 Johnson v American Home Assurance Co (1998) 192 CLR 266 Legal & General Insurance Australia Ltd v Eather (1986) 6 NSWLR 390 Major Engineering Pty Ltd v CGU Insurance Ltd (2011) 282 ALR 363 McCann v Switzerland Insurance Australia Ltd (2000) 203 CLR 579 Samsung Electronics Co Limited v Apple Inc (2011) 217 FCR 238 Selected Seeds Pty Ltd v QBEMM Pty Ltd (2010) 242 CLR 336 Suncorp Metway Insurance Ltd v Landridge Pty Ltd (2005) 12 VR 290 Todd v Alterra at Lloyds Ltd (on behalf of the underwriting members of Syndicate 1400) [2016] FCAFC 15 Vero Insurance Ltd v Power Technologies Pty Ltd (2007) 14 ANZ Insurance Cases ¶61-745
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