AIG Australia Ltd v Hanna [2024] NSWCA 91

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AIG Australia Ltd v Hanna [2024] NSWCA 91 Hearing dates: 19 March 2024 Date of orders: 24 April 2024 Decision date: 24 April 2024 Before: Payne JA at [1]; Mitchelmore JA at [2]; Griffiths AJA at [82] Decision: (1) The appeal is dismissed with costs. Catchwords: INSURANCE — public liability insurance — where insured was builder responsible for construction site — where formworker slipped and fell from scaffolding — where insurer repudiated the policy because of misrepresentations by insured — whether the policy responded to liability assumed by a consent judgment — whether insured needed to prove that he was liable to the formworker — whether the settlement amount was reasonable APPEALS — amendment of notice of appeal — whether leave should be granted to run a new ground of appeal — where argument not put below — where argument may have been met by further evidence at trial Legislation Cited: Insurance Contracts Act 1984 (Cth) Cases Cited: CGU Insurance Ltd v AMP Financial Planning Pty Ltd (2007) 235 CLR 1; [2007] HCA 36 Distillers Co Bio-Chemicals (Aust) Pty Ltd v Ajax Insurance Co Ltd (1974) 130 CLR 1; [1974] HCA 3 James Hardie & Co Pty Ltd v Seltsam Pty Ltd (1998) 196 CLR 53; [1998] HCA 78 Post Office v Norwich Union Fire Insurance Society Ltd [1967] 2 QB 363 Superannuation & Corporate Services Pty Ltd v Turner [2020] NSWCA 246 Vero Insurance Ltd v Baycorp Advantage Ltd [2004] NSWCA 390; 23 ACLC 199 Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance [2018] NSWCA 100; 359 ALR 314 Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance [2017] NSWSC 259 Category: Principal judgment Parties: AIG Australia Ltd (Appellant) George Hanna (Respondent) Representation: Counsel: J Sexton SC / J Sleight (Appellant) CP O'Neill (Respondent)