NSW Caselaw
Reported Decision : 102 LGERA 102
New South Wales Court of Appeal CITATION : Government Insurance Office of New South Wales v Council of the City of Penrith [1999] NSWCA 42 FILE NUMBER(S) : CA 40581/97 HEARING DATE(S) : 03/11/98 JUDGMENT DATE : 9 March 1999
PARTIES : Government Insurance Office of New South Wales v Council of the City of Penrith JUDGMENT OF : Mason P at 1; Powell JA at 10; Beazley JA at 31
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 5582/97 LOWER COURT JUDICIAL OFFICER : Viney DCJ
COUNSEL : A J Meagher SC / M A Jones (Appellant) D Davies (Respondent) SOLICITORS : Dunhill Madden Butler (Appellant) Phillips Fox (Respondent) CATCHWORDS : Insurance; policy of insurance for professional negligence; where negligent misstatement made by Council; whether statment made in "professional capacity" within the meaning of the policy; Negligence; professional negligence; where Council made negligent misstatement with respect to land; meaning of "professional"; Interpretation; principles of construction; insurance policies; relevance of facts which give rise tothe claim; relevance of background against which policy was entered into. Local Government Act (NSW) 1919 ACTS CITED : Real Property Act (NSW) 1900 Insurance Contracts Act (Cth) 1984 GIO General Ltd v Newcastle City Council (1996) 38 NSWLR 558 FAI General Insurance Co Limited v Gold Coast City Council (1992) 81 LGERA 374 Chemetics International Limited v Commercial Union Assurance Co of Canada (1984) 11 DLR (4th) 754 Hazlewood v Travellers Indemnity Group Company of Canada [1979] 2 WWR 271 CASES CITED: West Wake Price & Co v Ching [1956] 2 Ll LR 618 Australia & New Zealand Bank Ltd v Colonial & Eagle Wharves Ltd [1960] 2 Ll LR 241 Walton v National Employers' Mutual General Insurance Association Ltd [1973] 2 NSWLR 73 Investors Compensation Scheme Limited v West Bromich Building Society [1998] 1 WLR 896 L Shaddock & Associates Pty Limited v Council of the City of Parramatta (1981) 150 CLR 225 DECISION : Appeal Allowed
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate