ROBINSON & ANOR v BRENNAN & POWELL PTY LTD [1999] NSWCA 85

New South Wales Court of Appeal CITATION : ROBINSON & ANOR v BRENNAN & POWELL PTY LTD [1999] NSWCA 85 FILE NUMBER(S) : CA 40813/97 HEARING DATE(S) : 11 March 1999 JUDGMENT DATE : 4 May 1999

PARTIES : Arthur and Joy Robinson - A Brennan & Powell Pty Limited - R JUDGMENT OF : Priestley JA at 1; Sheller JA at 2; Giles JA at 27

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 2349/94 LOWER COURT JUDICIAL OFFICER : Sinclair DCJ

COUNSEL : L G Foster SC/T A Alexis - A N C Hutley SC/M F Murphy - R SOLICITORS : Murray Stewart & Fogarty - A Colin Biggers & Paisley - R CATCHWORDS : NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - APPORTIONMENT OF DAMAGES - WHEN APPORTIONMENT REVIEWABLE ON APPEAL - DEMONSTRABLE APPEALABLE ERROR - COSTS CASES CITED: Davies v Swan Motor (Swansea) Ltd [1949] 2 KB 291 at 326 Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALJR 492 DECISION : Appeal allowed

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40813/97 DC 2349/94 PRIESTLEY JA SHELLER JA GILES JA

ROBINSON & ANOR v BRENNAN & POWELL PTY LIMITED

The appellants were managing agents for the body corporate of the Harbord Village Shopping Centre. The public liability insurers for the shopping centre were NZI Insurance Limited, under a policy which expired on the 11 August 1992.

On 20 July the respondent began negotiations with the appellants to obtain the insurance business of the shopping centre. A quote was given in August, which was rejected for being higher than that offered by REI. The respondent came back with another quote which was accepted, and the respondent arranged cover for the shopping centre from 2 September 1992.