NSW Caselaw
New South Wales Supreme Court
CITATION : Quintano v B W Rose Pty Ltd & ors [2008] NSWSC 793
HEARING DATE(S) : 30 July 2008
JUDGMENT DATE : 5 August 2008
JURISDICTION : Common Law Division Professional Negligence List
JUDGMENT OF : Brereton J
DECISION : Judgment for the cross-defendants, with costs.
CATCHWORDS : CONTRACTS – INSURANCE – construction of exclusion clause – construction of "arising from" – whether claim arose from insolvency of insurer – whether claim arose from failure of duty to advise on suitability of insurer – whether the failure to advise needed to be established as an objective fact.
CATEGORY : Principal judgment
GIO (NSW) v R J Green & Lloyd Pty Ltd (1966) 114 CLR 437 Haydon v Lo & Lo [1997] 1 WLR 198 Murphy & Allen v Swinbank [1999] NSWSC 934 CASES CITED : Rouleston Clarke Pty Ltd (in liq) v FAI General Insurance Co Ltd [1999] TASSC 150; (2000) 11 ANZ Ins Cas 61-465 Walton v National Employers' Mutual General Insurance Association Ltd [1973] 2 NSWLR 73 West Wake Price & Co v Ching [1957] 1 WLR 45 Winspear v The Accident Insurance Co Ltd (1880) 6 QBD 42
Luke Quintano (plaintiff) BW Rose Pty Ltd (first defendant) PARTIES : AWS Security Services Pty Ltd (second defendant) Prestige Insurance Brokers (Aust) Pty Ltd (x-claimant, third x-claim) Syndicate 3245 (first x-defendant, third x-claim) Syndicate 1218 (second x-defendant, third x-claim)
FILE NUMBER(S) : SC 20130/04
COUNSEL : Mr I M Neil SC w Mr A C Harding (x-claimant, third x-claim) Mr D S Weinberger (x-defendants, third x-claim)
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