Rawson Homes Pty Ltd v Allianz Australia Insurance Limited [2020] NSWSC 1654

Supreme Court New South Wales

Medium Neutral Citation: Rawson Homes Pty Ltd v Allianz Australia Insurance Limited [2020] NSWSC 1654 Hearing dates: 17 and 18 August 2020; further written submissions 19 August 2020 Date of orders: 20 November 2020 Decision date: 20 November 2020 Jurisdiction: Equity - Commercial List Before: Henry J Decision: Judgment for the plaintiff. See paragraph [112]. Catchwords: INSURANCE – annual construction insurance policy – where hailstorm caused damage to residential development being constructed by plaintiff – whether one deductible payable for plaintiff's claim for cover or whether a deductible is payable in respect of each building works contract – meaning of "one event" and "claim" – held that hailstorm was the one event that gave rise to the plaintiff's claim and one deductible payable INSURANCE – calculation of interest under s 57 of the Insurance Contracts Act 1984 (Cth) – where defendant rejected plaintiff's claim for cover to replace damaged tiled roofs until second day of hearing – date from which it was unreasonable for defendant to withhold payment – held that 13 month period to investigate claim and determine position was reasonable and interest payable from 29 March 2018 Legislation Cited: Insurance Contracts Act 1984 (Cth), s 57. Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99; [1973] HCA 36 Australian Casualty Co Limited v Federico (1986) 160 CLR 513; [1986] HCA 32 Australian Pipe & Tube Pty Ltd v QBE Insurance (Australia) Limited (No 2) [2018] FCA 1450 Axa Reinsurance (UK) Plc v Field [1996] 1 WLR 1026 Bankstown Football Club Limited v CIC Insurance Limited (Supreme Court (NSW), Cole J, 17 December 1993, unrep) Darlington Futures Ltd v Delco Australia (1986) 161 CLR 500; [1986] HCA 82 Electricity Generation Corporation v Woodside Energy Limited (2014) 251 CLR 640; [2014] HCA 7 Fitzgerald v CBL Insurance Ltd [2014] VSC 493 HIH Casualty & General Insurance v Insurance Australia Ltd (No 2) [2006] VSC 128 McCann v Switzerland Insurance Australia Limited (2000) 203 CLR 579; [2000] HCA 65 MetLife Insurance Ltd v RGA Reinsurance Company of Australia Ltd [2017] NSWCA 56 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited (2015) 256 CLR 104; [2015] HCA 37 O'Neill v FSS Trustee Corporation as trustee of the First State Superannuation Scheme [2015] NSWSC 1248 Provincial Insurance Aust Pty Ltd v Consolidated Wood Products (1991) 25 NSWLR 541 Quintano v B W Rose Pty Ltd [2008] NSWSC 793 Ransley v Chubb Insurance Company of Australia Ltd [2015] NSWSC 1350 Sayseng v Kellogg Superannuation Pty Ltd (2007) 213 FLR 174; [2007] NSWSC 857 Tempe Recreation (D.500215 and D.1000502) Reserve Trust v Sydney Water Corporation (2014) 88 NSWLR 449; [2014] NSWCA 437 Walton v National Employers' Mutual General Insurance Association Ltd [1973] 2 NSWLR 73 Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance [2018] NSWCA 100 Wilkie v Gordian Runoff Ltd (2005) 221 CLR 522; [2005] HCA 17 Woodlawn Capital Pty Ltd v Motor Vehicles Insurance Ltd [2016] NSWCA 28 Texts Cited: David Kelly and Michael Ball, Kelly and Ball Principles of Insurance Law (2001, Butterworths Australia, looseleaf) Desmond Derrington and Ronald Ashton, The Law of Liability Insurance (3rd ed, 2013, LexisNexis Butterworths) Ian Enright and Robert Merkin, Sutton on Insurance Law (4th ed, 2015, Lawbook Co) Category: Principal judgment Parties: Rawson Homes Pty Ltd trading as Rawson Homes (Plaintiff) Allianz Australia Insurance Limited trading as Allianz Australia Insurance (Defendant) Representation: Counsel: M Elliott SC with P Mann (Plaintiff) T Faulkner SC with C O'Neill (Defendant)