Legge v Universal Hospitality Group Pty Ltd & Ors (No. 3) [2022] NSWSC 709

Supreme Court New South Wales

Medium Neutral Citation: Legge v Universal Hospitality Group Pty Ltd & Ors (No. 3) [2022] NSWSC 709 Hearing dates: 6, 7, 8, 9,10 July 2020; 8 October 2020; 23 November 2020; 23 & 25 June 2021 Date of orders: 31 May 2022 Decision date: 31 May 2022 Jurisdiction: Common Law Before: Lonergan J Decision: Refer to paragraph 91. Catchwords: INSURANCE – indemnity – operation of Insurance Contracts Act – alleged misrepresentation by insured – rights of insurer – operation of ss 21, 26, 27 and 28 of Insurance Contracts Act 1984 (Cth) – whether reasonable person in insured's position would be expected to understand significance of certain disclosures in a confusing renewal questionnaire – relevant to insurer's decision to underwrite – whether there was any relevant misrepresentation or failure to disclose – waiver by insurer – no rights under s 28(3) in circumstances Legislation Cited: Evidence Act 1995 (NSW) Insurance Contracts Act 1984 (Cth) Liquor Act 2007 (NSW) Cases Cited: Legge v Universal Hospitality Group Pty Limited [2019] NSWSC 760 Category: Principal judgment Parties: Stephen John Legge (Plaintiff) Universal Hospitality Group Pty Ltd (First Defendant) Universal 1919 Pty Ltd as trustee of the 1919 Trust and John Kospetas trading as Civic Hotel (Second Defendant/First & Second Cross-Claimants) John Kospetas (Third Defendant/Third Cross-Claimant) Neon Underwriting Limited formerly known as Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of the Syndicate 2468 (Cross Defendant) Representation: Counsel: K Andrews (Plaintiff) D Williams SC / R Goodridge (First, Second and Third Defendants/First, Second and third Cross claimants) M Elliott SC (Third Cross-Defendant)