Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
470 St Kilda Road v Robinson [2013] FCA 1420 Citation: 470 St Kilda Road v Robinson [2013] FCA 1420
Parties: 470 ST KILDA ROAD PTY LIMITED (ACN 006 075 341) v GLENN ROY ROBINSON; GLENN ROY ROBINSON; CHUBB INSURANCE COMPANY OF AUSTRALIA LIMITED (ACN 003 710 647)
File number: VID 284 of 2012
Judge: KENNY J
Date of judgment: 20 December 2013
Catchwords: INSURANCE - Directors' and Officers' liability insurance contract - Whether exclusion clause for acts or omissions "in the rendering of, or actual or alleged failure to render any professional services to a third party" applied – Whether "project management" is a profession within the meaning of that word in the contract – Principles relating to construction of exclusion clauses in contracts of insurance – Meaning of "service", "profession" and "professional service" - Whether cross-claimant's conduct was done in the "rendering of a service" – Whether conduct done in the rendering of a "professional service" – Exclusion clause held not to apply – Separate Question answered "no". EVIDENCE – Objection to admissibility of expert report on basis that expert opinion intruded impermissibly on the judicial function of the Court – Opinions provided included construction of contract clauses in contest - Objection upheld - Application by cross-respondent under s 144(1)(b) of the Evidence Act 1995 (Cth) to tender bundle of documents – Documents admitted into evidence.
Legislation: Building and Construction Industry Security of Payments Act 2002 (Vic) Competition and Consumer Act 2010 (Cth) Evidence Act 1995 (Cth)
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