NSW Caselaw
New South Wales District Court
CITATION: Ferryboat Pty Limited & Red Gecko Pty Limited v JUA Underwriting Agency Pty Limited & Others [2008] NSWDC 209
HEARING DATE(S): 21/7/08 - 24/7/08, 25/8/08 and 22/9/08
JUDGMENT DATE: 22 September 2008
JURISDICTION: Civil
JUDGMENT OF: Rolfe DCJ
DECISION: Verdict and Judgment in favour of Ferryboat Pty Limited against the Defendants in the amount of $413,411.43. There will also be a Verdict and Judgment in favour of Red Gecko Pty Limited against the Defendants in the amount of $182,782.73.
CATCHWORDS: Contract of Insurance - Claims resulting from fire rejected on grounds of material non-disclosure - Consideration of compliance by Insurers with s 22 of Insurance Contracts Act 1984 - Consideration of whether matters of alleged non-disclosure were material from underwriters' point of view - Whether such matters were actually known by insureds or were matters which a reasonable person in the insureds' position could have been expected to know - Claims for cost of reinstatement as against indemnity - Whether insureds suffered loss - Consideration of valuation evidence
LEGISLATION CITED: Insurance Contracts Act 1984 (Cth)
Advance (NSW) Insurance Agencies Pty Ltd v Matthews (1989) 166 CLR 606 at 615 Prime Forme Cutting Pty Limited v Baltica General Insurance Co. Limited (1991) 6 ANZ Ins Case 61-028 CASES CITED: Permanent Trustee Australia Co Limited v FAI General Insurance Co Limited (1998) 10 ANZ Ins Cas 61-408 CGU Insurance Limited v Porthouse (2008) HCA 30 (30 July 2008) paras 52-53 Bakerland Pty Ltd v Coleridge (2002) NSW CA 30
TEXTS CITED: MacGilllivray & Parkington on Insurance Law 10th Ed para 19-21
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