NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ritchie v Insurance Australia Ltd [2022] NSWCA 278 Hearing dates: 31 October 2022 Date of orders: 19 December 2022 Decision date: 19 December 2022 Before: Ward P at [1]; Meagher JA at [2]; Mitchelmore JA at [35] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. 3. Applicant to pay the respondent's costs. Catchwords: INSURANCE – liability insurance – exclusions – where endorsement excluded cover for liability arising out of specified cutting or welding activities unless carried out in compliance with relevant Australian Standard – where those activities included use of "spark producing equipment" – where use of power cutter to cut steel produced sparks which caused bushfire – whether primary judge erred in concluding power cutter was within description "spark producing equipment" Legislation Cited: Civil Liability (Third Party Claims against Insurers) Act 2017 (NSW), ss 4, 5 Supreme Court Act 1970 (NSW), s101(2)(r) Cases Cited: Cody v JH Nelson Pty Ltd (1947) 74 CLR 629; [1947] HCA 17 McCann v Switzerland Insurance Australia Ltd (2000) 203 CLR 579; [2000] HCA 65 Wilkie v Gordian Runoff Ltd (2005) 221 CLR 522; [2005] HCA 17 Category: Principal judgment Parties: Margaret Ritchie (Applicant) Insurance Australia Ltd t/as CGU Insurance (Respondent) Representation: Counsel:
P Braham SC with D Birch (Applicant) S Donaldson SC with C Coventry (Respondent)
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