Kvaerner Oil & Gas Australia Pty Limited v Egis Consulting Australia Limited [2003] NSWSC 19

Reported Decision : (2003) 12 ANZ Insurance Cases 61-556

New South Wales Supreme Court

CITATION : Kvaerner Oil & Gas Australia Pty Limited v Egis Consulting Australia Limited [2003] NSWSC 19 HEARING DATE(S) : 3/02/03, 4/02/03 JUDGMENT DATE : 4 February 2003 JURISDICTION: Equity Division JUDGMENT OF : Einstein J DECISION : The second cross-claim fails

CATCHWORDS : Contract of Insurance - Construction - Identification of the Insured - Joint Venture clause - Extension - Policy extended to "indemnify the Insured in respect of any liability for work undertaken by any Firm, Company or Individual with whom the Insured are operating jointly and any Joint Venture, Joint Company and/or Consortium which includes the insured" - Intention that an insurance cover would be extended to entities other than the named insured should not be readily implied absent there being in the language of the policy or the circumstances, reasons sufficient to justify such a construction. Contracts Act 1984 (Cth) LEGISLATION CITED : Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (NSW) Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441 Australian Broadcasting Corporation v XIVth Commonwealth Games (1988) 18 NSWLR 540 CASES CITED : Germano v Gresham Fire & Accident Insurance Society Ltd [1924] VLR 592 Gissing v Gissing [1971] AC 886 Legal & General Insurance v Eather (1986) 6 NSWLR 390 Petrofina v Magnaload [1983] 3 All ER 35 Kvaerner Oil & Gas Australia Pty Limited (Plaintiff) PARTIES : Egis Consulting Australia Limited (Defendant) Storebrand Skadeforsikring AS (Second Cross Defendant) FILE NUMBER(S) : SC 50136/00 COUNSEL : Mr B Coles QC, Mr M Ashhurst (Plaintiff and Second Cross Defendant) Mr C Gee QC, Mr N J Kidd (Defendant) SOLICITORS : Michael Samios (Plaintiff and Second Cross Defendant) Colin Biggers & Paisley (Defendant)