NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Catlin Australia Pty Ltd v Diamond World Jewellers Pty Ltd [2022] NSWCA 282 Hearing dates: 27 June 2022 Decision date: 21 December 2022 Before: Leeming JA at [1]; White JA at [2]; Mitchelmore JA at [93] Decision: Appeal dismissed with costs Catchwords: INSURANCE — Property insurance — primary judge did not err in finding that insurer had acted unreasonably and in bad faith by not paying so much of the claim for which liability was admitted and then determining quantum of claim — observations on construction of policy and whether parties were correct to conduct trial on the assumption that cover depended on insurer's opinion Cases Cited: Allianz Australia Insurance Limited v Rawson Homes Pty Ltd [2021] NSWCA 224 Calderbank v Calderbank [1975] 3 WLR 586 Edwards v Hunter Valley Co-op Dairy Co Ltd (1992) 7 ANZ Ins Cas 61-113 Hannover Life Re of Australasia Ltd v Jones [2017] NSWCA 233 MetLife Insurance Limited v MX [2019] NSWCA 228 TAL Life Ltd v Shuetrim; MetLife Insurance Ltd v Shuetrim (2016) 91 NSWLR 439; [2016] NSWCA 68 Wilkie v Gordian Runoff Limited (2005) 221 CLR 522; [2005] HCA 17 Texts Cited: Online Etymology Dictionary: https://www.etymonline.com/ Category: Principal judgment Parties: Catlin Australia Pty Ltd (Appellant) Diamond World Jewellers Pty Ltd (Respondent) Representation: Counsel: G Watson SC with D Tang (Appellant) J C Kelly SC with S Murray (Respondent)
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