Citiline Concrete Pumping Pty Ltd v Chubb Insurance Australia Ltd [2023] NSWCA 123

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Citiline Concrete Pumping Pty Ltd v Chubb Insurance Australia Ltd [2023] NSWCA 123 Hearing dates: 30 May 2023 Date of orders: 1 June 2023 Decision date: 01 June 2023 Before: Ward P, Meagher and Kirk JJA at [1] Decision: 1. Order that the appeal be dismissed with costs. 2. Note that the costs in order 1 include the respondent's costs of its motion filed on 30 January 2023. Catchwords: INSURANCE — Claim — Plant and equipment policy — Non-disclosure and misrepresentation — insurer entitled to reduce liability to nil Legislation Cited: Insurance Contracts Act 1984 (Cth) ss 21(1), 26(2), 28(1), (3), 56(1) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Citiline Concrete Pumping Pty Ltd (Appellant) Chubb Insurance Australia Ltd (Respondent) Representation: Counsel:

P Menzies KC with KP Tang (Appellant) MT McCulloch SC with C Purdy (Respondent)

Solicitors:

Fortis Law (Appellant) HWL Ebsworth (Respondent) File Number(s): 2022/288094 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity — Commercial List Citation: [2022] NSWSC 1152 Date of Decision: 30 August 2022 Before: Stevenson J File Number(s): 2021/10722

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]