Federal Court of Australia
Federal Court of Australia
MS Amlin Corporate Member Limited v LU Simon Builders Pty Ltd [2023] FCA 581 File number(s): NSD 1009 of 2021
Judgment of: JACKMAN J
Date of judgment: 5 June 2023
Catchwords: INSURANCE – separate question – indemnity sought for claims against the insured – where notification given during the period of insurance but claims made after – whether sufficient notice given for the purposes of s 40(3) of the Insurance Contracts Act 1984 (Cth) – where notice given in relation to a problem with the combustibility of certain materials brought to light by a fire at one building and claims made in relation to replacement of similar materials in another building – whether expert opinion can constitute "facts" for the purposes of s 40(3) of the Insurance Contracts Act 1984 (Cth)
Legislation: Insurance Contracts Act 1984 (Cth) s 40(3) Federal Court Rules 2011 (Cth) r 30.01 Building Act 1993 (Vic) ss 106, 111, 227C Domestic Building Contracts Act 1995 (Vic)
Cases cited: Avant Insurance Ltd v Darshn [2022] FCAFC 48 Darshn v Avant Insurance Ltd [2021] FCA 706; (2021) 154 ACSR 1 P&S Kauter Investments Pty Ltd v Arch Underwriting at Lloyd's Ltd [2021] NSWCA 136; (2021) 105 NSWLR 110 Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Ltd [2023] FCA 190
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