Federal Court of Australia
Federal Court of Australia
FKP Commercial Developments Pty Limited v Zurich Australian Insurance Limited (No 2) [2023] FCA 582 File number(s): NSD 1066 of 2021
Judgment of: JACKMAN J
Date of judgment: 5 June 2023
Catchwords: INSURANCE – separate question – construction of design and construction professional indemnity insurance policy – extension of cover clause – a requirement that "the insured [be] legally liable in the provision of the professional services" is not a causal requirement – the provision by the insured of professional services must be a substantive element of the factual matrix in which the liability arises
Legislation: Home Building Act 1989 (NSW) ss 18B, 18C, 18D
Cases cited: Bass v Permanent Trustee Company Ltd [1999] HCA 9; (1999) 198 CLR 334 Blair v Curran (1939) 62 CLR 464 FKP Commercial Developments Pty Limited v Zurich Australian Insurance Limited [2022] FCA 862 Jackson v Goldsmith (1950) 81 CLR 446 Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; (2015) 256 CLR 507
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 25
Date of hearing: 31 May 2023
Counsel for the Applicants: Mr J Williams SC and Mr S Murray
Solicitor for the Applicants: Corrs Chambers Westgarth
Counsel for the Respondent: Mr M A Jones SC and Mr R P V Carey
Solicitor for the Respondent: Wotton & Kearney Lawyers
ORDERS NSD 1066 of 2021
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