NSW Caselaw
New South Wales Supreme Court
CITATION : Zurich Specialities London Ltd v Thiess Pty Ltd [2008] NSWSC 1010
HEARING DATE(S) : 24 September 2008
JUDGMENT DATE : 25 September 2008
JURISDICTION : Equity Division - Technology and Construction List
JUDGMENT OF : Bergin J
DECISION : The Building and Construction Industry Security of Payment Act 1999 has no application to the insurance contract.
CATCHWORDS : [INSURANCE] - [BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999] - construction of insurance policy - provision requiring insured to take reasonable precautions to safeguard subject matter insured from loss or damage - whether such provision is a construction contract between the insured and insurer
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999
Australian Remediation Services Pty Ltd v Earth Tech Engineering Pty Ltd [2005] NSWSC 362 Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 Consolidated Constructions Pty Ltd v Ettamogah Pub (Rouse Hill) Pty Ltd (2004) 20 BCL 373; [2004] NSWSC 110 Coordinated Construction Co Pty Ltd v J M CASES CITED : Hargreaves (NSW) Pty Ltd (2005) 63 NSWLR 385 Energetech Australia Pty Ltd v Sides Engineering Pty Ltd (2005) 226 ALR 362 Federation Insurance Ltd v Wasson (1987) 163 CLR 303 Fraser v BN Furman (Productions) Ltd [1967] 3 All ER 57 Legal & General Insurance Australia Ltd v Eather (1986) 6 NSWLR 390 Touche Ross & Co v Baker [1992] 2 Lloyd's Law Rep 207
Zurich Specialities London Ltd (First Plaintiff) PARTIES : SR International SE (Second Plaintiff) Thiess Pty Ltd (First Defendant) John Holland Pty Ltd (Second Defendant)
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