Federal Court of Australia
Federal Court of Australia
Chubb Insurance Australia Limited v WSP Structures Pty Ltd [2024] FCAFC 123 Appeal from: WSP Structures Pty Ltd v Liberty Mutual Insurance Company t/as Liberty Specialty Markets [2023] FCA 1157
File number: NSD 1419 of 2023
Judgment of: O'CALLAGHAN, DERRINGTON AND JACKMAN JJ
Date of judgment: 20 September 2024
Catchwords: INSURANCE – whether first respondent an insured –where named insured a construction company – where first respondent provided engineering services to named insured – where definition of "Insured" included "sub-contractors" engaged by named insured – whether primary judge erred in construing "sub-contractors" to mean a party who has been contracted to perform contractual obligations of another party under a contract that it has made with a third party – whether "sub-contractors" should instead be limited to parties engaged to undertake construction work – appeal dismissed
Cases cited: GPS Power Pty Ltd v Gardiner Willis & Associates Pty Ltd [2000] QCA 495 Hopewell Project Management Ltd v Ewbank Preece Ltd [1998] 1 Lloyd's Rep 448 Liberty Mutual Insurance Company Australian Branch trading as Liberty Speciality Markets v Icon Co (NSW) Pty Ltd [2021] FCAFC 126; (2021) 396 ALR 193 Liberty Mutual Insurance Company Australian Branch v Icon Co (NSW) Pty Ltd (2021) 154 ACSR 126 Mie Force Pty Ltd v Allianz Australia Insurance Ltd [2024] NSWCA 23 Onley v Catlin Syndicate Ltd (2018) 360 ALR 92 Pasminco Metals-Sulphide Pty Ltd v Brambles Aust Ltd [1998] NSWCA 169 Thiess Pty Ltd v Parsons Brinckerhoff Australia Pty Ltd [2016] NSWSC 173 Derrington, DK and RS Ashton, The Law of Liability Insurance (3rd ed, 2013)
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