Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oceanview Developments Pty Ltd trading as Darwin River Tavern & Darwin River Supermarket v Allianz Australia Insurance Ltd trading as Territory Insurance Office (No 2) [2020] FCA 935 File number: NSD 1043 of 2019
Judge: ALLSOP CJ
Date of judgment: 6 July 2020
Cases cited: Oceanview Developments Pty Ltd trading as Darwin River Tavern & Darwin River Supermarket v Allianz Australia Insurance Ltd trading as Territory Insurance Office [2020] FCA 852
Date of hearing: Determined on the papers
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance – Insurance List
Category: No Catchwords
Number of paragraphs: 6
Counsel for the Applicant: Mr A Wyvill SC with Mr P Mann
Solicitor for the Applicant: LMI Legal
Counsel for the Respondent: Mr T Mehigan SC
Solicitor for the Respondent MinterEllison
ORDERS NSD 1043 of 2019
BETWEEN: OCEANVIEW DEVELOPMENTS PTY LTD TRADING AS DARWIN RIVER TAVERN & DARWIN RIVER SUPERMARKET ACN 086 096 031 Applicant
AND: ALLIANZ AUSTRALIA INSURANCE LTD TRADING AS TERRITORY INSURANCE OFFICE ACN 000 122 850 Respondent
JUDGE: ALLSOP CJ DATE OF ORDER: 6 JULY 2020
THE COURT DECLARES THAT:
1. The applicant is entitled, subject to the operation of the policy and any question of non-disclosure, to indemnity under Section 1 of Industrial Special Risks (ISR Mark IV) Insurance Policy number 79669400231SAC (Policy) for the damage to all Property Insured as described in clause 1.2 of the Policy other than property listed under the words "THIS POLICY EXCLUDES" on page 3 of the Schedule to the Policy (the Schedule to the Policy being part of exhibit A2 – Schedule) at the Situation defined on page 1 of the Schedule caused by fire on about 29 September 2018. 2. The words "Orchid House" on page 3 of the Schedule do not refer to the shade sails shown on pp. 170 and 183 of exhibit P1 (exhibit PW-1 to the affidavit of Paul Winter of 2 September 2019).
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