Vivekananda v Insurance Australia Ltd t/as NRMA Insurance [2014] FCA 161

FEDERAL COURT OF AUSTRALIA

Vivekananda v Insurance Australia Ltd t/as NRMA Insurance [2014] FCA 161 Citation: Vivekananda v Insurance Australia Ltd t/as NRMA Insurance [2014] FCA 161

Parties: RAVICHANDRA VIVEKANANDA v INSURANCE AUSTRALIA LTD (ACN 000 016 722) T/AS NRMA INSURANCE

File number: ACD 62 of 2011

Judge: FOSTER J

Date of judgment: 28 February 2014

Catchwords: INSURANCE – whether, upon the true construction of a home buildings insurance policy issued by the respondent as insurer to the insured and upon the correct interpretation of the Building Act 2004 (ACT) and the Building (General) Regulation 2008 (ACT), the respondent is obliged to indemnify the insured up to the limit of the policy in respect of loss or damage caused to the insured's home by fire upon the basis that, because the repair and reinstatement required must comply with the Building Code of Australia as applied in the ACT, the entire house must be demolished and rebuilt, or whether, because the repair and reinstatement works do not need to comply with the said code, indemnity should extend only to the cost of repair and reinstatement so as to produce a residence which conforms to the configuration and condition of the house immediately before the fire.

Legislation: Australian Consumer Law Australian Securities and Investments Commission Act 2001 (Cth) Building Act 2004 (ACT) ss 3, 4, 6, 7, 29 and 136, Part 3 and the dictionary Civil Law (Wrongs) Act 2002 (Act) s 15 Legislation Act 2001 (ACT) ss 126, 127, 132, 136, 138, 140 and 142 Building (General) Regulation 2008 (ACT) ss 3, 4 and 23 and the dictionary Building (ACT Appendix to the Building Code) Determination 2012 Building Code of Australia