Federal Court of Australia
Federal Court of Australia
Zurich Australian Insurance Ltd v FKP Commercial Developments Pty Ltd [2023] FCAFC 188 Appeal from: FKP Commercial Developments v Zurich Australian Insurance (No 2) [2023] FCA 582
File number: NSD 588 of 2023
Judgment of: LEE, STEWART AND CHEESEMAN JJ
Date of judgment: 1 December 2023
Catchwords: INSURANCE – determination of separate question – leave to appeal – whether relief sought advisory or hypothetical – construction of design and construction professional indemnity insurance policy – whether insuring clause limited to claims for civil liability based on the insureds personal provision of professional services – whether extension to the insuring clause limited to loss resulting from any claim arising from the conduct of any consultant, sub-contractor or agent of the insured providing professional services for which the insured is legally liable – leave to appeal granted and appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Design and Building Practitioners Act 2020 (NSW) s 37 Home Building Act 1989 (NSW)
Cases cited: Atwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16; 259 CLR 1 Bass v Permanent Trustee Company Ltd [1999] HCA 9; 198 CLR 334 CCIG Investments Pty Ltd v Schokman [2023] HCA 21; 410 ALR 479 Director of Public Prosecutions (Cth) v JM [2013] HCA 30; 250 CLR 135 FKP Commercial Developments Pty Ltd v Zurich Australian Insurance Ltd [2022] FCA 862 HP Mercantile Pty Ltd v Hartnett [2016] NSWCA 342 Intergraph Best (Vic) Pty Ltd & Ors v QBE Insurance Ltd [2005] VSCA 180; 11 VR 548 Walton v National Employers' Mutual General Insurance Association Ltd (1973) 2 NSWLR 73
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