NSW Caselaw
Reported Decision : (2000) 11 ANZ Insurance Cases 61-477
New South Wales Court of Appeal
CITATION : HIH CASUALTY & GENERAL INSURANCE LTD v PLUIM CONSTRUCTIONS PTY LTD & ANOR [2000] NSWCA 281 FILE NUMBER(S) : CA 40893/98 HEARING DATE(S) : 14 August 2000 JUDGMENT DATE : 17 October 2000
PARTIES : HIH CASUALTY & GENERAL INSURANCE LTD v PLUIM CONSTRUCTIONS PTY LTD and COMMERCIAL UNION ASSURANCE CO OF AUST LTD JUDGMENT OF : Mason P at 1; Handley JA at 73; Foster AJA at 73
LOWER COURT JURISDICTION : District Court LOWER COURT DC 4863/97 FILE NUMBER(S) : LOWER COURT Kuner ADCJ JUDICIAL OFFICER :
Appellant: J E Maconachie QC; S G Campbell COUNSEL : lst Respondent: D B McGovern; A J O'Brien 2nd Respondent: ADM Hewitt SC; H Marshall Appellant: Hunt & Hunt SOLICITORS : 1st Respondent: Tesoriero Henderson Cotter 2nd Respondent: Henry Davis York CATCHWORDS : Insurance contracts - accident at building site - competing insurance claims - double insurance giving rise to contribution rights between insurers - principal-arranged insurance - duty on the owner of vehicle to take out third-party insurance - clauses to protect insurer from claims which should be covered by compulsory motor vehicle insurance - meaning and application of s45(2) Insurance Contracts Act 1984 - "other insurance" clauses limiting an insurer's liability - using a Law Reform Commission Report to identify the mischief to which legislation is directed - "the operation or use of a motor vehicle" - (ND). DECISION : See par [89] of judgment
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40893/98
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