Regal Pearl Pty Ltd v Zurich Australian Insurance Ltd [2005] NSWSC 1055

Reported Decision : (2006) 14 ANZ Insurance Cases 61-666

New South Wales Supreme Court

CITATION : Regal Pearl Pty Ltd v Zurich Australian Insurance Ltd [2005] NSWSC 1055

HEARING DATE(S) : 10/10/05, 11/10/05, 12/10/05

JUDGMENT DATE : 25 October 2005

JUDGMENT OF : Cooper AJ at 1

DECISION : Judgment in favour of the plaintiff against the defendant. The agreed amount is $1,473,155, subject to interest.

Law Reform (Miscellaneous Provisions) Act 1946 (NSW) LEGISLATION CITED : Sale of Goods Act 1923 (NSW) Trade Practices Act 1974 (Cth)

McCann v Switzerland Insurance Australia Limited [2000] HCA 65 Nigel Watts Fashion Agencies Pty Ltd v GIO General Insurance 1995 ANZ Insurance Cases 61-235 CASES CITED : Allianz Australia Limited v Wentworthville Real Estate Pty Ltd (2004) NSWCA 100 National Vulcan Engineering Insurance Group Limited v Pentax Pty Ltd (2004) NSWCA 218 Canadian Indemnity Co v Andrews and George Co Ltd (1952) 4 DLR 690

Regal Pearl Pty Ltd PARTIES : Zurich Australian Insurance Ltd

FILE NUMBER(S) : SC 11173/03

Plaintiff: Mr R. Cavanagh COUNSEL : Defendant: Mr M Neil QC/ Mr J Gracie

Plaintiff: Holman Webb Lawyers SOLICITORS : Defendant: Goldrick Farrell Mullan

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ACTING JUSTICE COOPER

Tuesday 25 October 2005

11173/03 REGAL PEARL PTY LTD v ZURICH AUSTRALIAN INSURANCE LTD JUDGMENT 1 HIS HONOUR: By its Amended Summons the plaintiff seeks a declaration that pursuant to section 6(1) of the Law Reform (Miscellaneous Provisions) Act 1946 the defendant is liable to pay to the plaintiff the amount payable by Tai Kwan Seafood Pty Ltd pursuant to a judgment of the New South Wales Court of Appeal on 15 November 2002. In addition, an order is sought that the defendant pay to the plaintiff certain monies being damages and costs of the District Court and Court of Appeal proceedings payable by the plaintiff in respect of injuries, loss and damages recoverable from the plaintiff being the amount of the charge on the defendant created by virtue of section 6(1) of that Act. 2 In addition the plaintiff claims interest and costs. 3 The facts in this case are not in issue. What is in issue is whether the liability of Tai Kwan Seafood Pty Ltd (Tai Kwan) to pay money to Regal Pearl Pty Ltd (Regal Pearl) is a liability which is covered by an insurance policy between Tai Kwan and the defendant.