JDGD v Allianz Australia Insurance Limited [2024] NSWSC 405

Supreme Court New South Wales

Medium Neutral Citation: JDGD v Allianz Australia Insurance Limited [2024] NSWSC 405 Hearing dates: 16 April 2024 Date of orders: 19 April 2024 Decision date: 19 April 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. The further amended statement of claim filed on 29 June 2023 is dismissed. 2. The plaintiff is to pay the defendant's costs of the proceedings. 3. I will hear the parties if any alternative costs order is sought. Catchwords: CONTRACTS — terms — exclusion clauses — construction — insurance — where insurance policy covers property damage — where exclusion clause purports to exclude asbestos related damage — whether the negligence arose only from the act of spraying a high pressure hose or the spraying of the hose on a roof that likely contained asbestos – HELD — the liability arose not only from the spraying but included the spraying of a roof likely to contain asbestos — where business efficacy is a relevant consideration to construction Legislation Cited: Corporations Act 2001 (Cth), s 601AG Civil Liability Act 2002 (NSW) Civil Law (Wrongs) Act 2002 (ACT) Cases Cited: Darlington Futures Ltd v Delco Australia Ltd (1986) 161 CLR 500; [1986] HCA 82 G L Nederland (Asia) Pty Ltd v Expertise Events Pty Ltd [1999] NSWCA 62 Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368 Selected Seeds Pty Ltd v QBEMM (2010) 242 CLR 336; [2010] HCA 37 Sheehan v Lloyds Names Munich Re Syndicate Ltd [2017] FCA 1340 Texts Cited: Collins Dictionary, online ed, accessed 17 April 2024 Category: Principal judgment Parties: JDGD Pty Ltd (Plaintiff) Allianz Australia Insurance Limited (Defendant) Representation: Counsel: Mr S J Walsh (Plaintiff) Mr S Glascott (Defendant)