NSW Caselaw
New South Wales Court of Appeal
CITATION: Thiess Pty Ltd & Anor v Zurich Specialties London Ltd & Anor [2009] NSWCA 47
HEARING DATE(S): 3 March 2009 JUDGMENT OF: Allsop P at 1; Macfarlan JA at 2; Sackville AJA at 19
EX TEMPORE JUDGMENT DATE: 3 March 2009
DECISION: Appeal dismissed with costs.
CATCHWORDS: BUILDING AND ENGINEERING CONTRACTS - Building and Construction Industry Security of Payment Act 1999 - whether Construction Risks Insurance Policy contained a "construction contract" - INSURANCE - Construction Risks Insurance Policy - whether imposed an obligation on insured to perform construction work - whether obligation to take "reasonable precautions" simply a condition precedent to insurer's liability or whether it also gave rise to an enforceable promise to take those precautions.
LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999
CATEGORY: Principal judgment
CASES CITED: CGU Insurance v Porthouse [2008] HCA 30; (2008) 235 CLR 103 McCann v Switzerland Insurance Australia Ltd [2000] HCA 65; (2000) 203 CLR 579
Thiess Pty Ltd (First Appellant) PARTIES: John Holland Pty Ltd (Second Appellant) Zurich Specialties London Ltd (First Respondent) Swiss re International SE (Second Respondent)
FILE NUMBER(S): CA 40316/08
COUNSEL: M Christie/V Culkoff (Appellants) J E Marshall SC/ D S Weinberger (Respondents)
SOLICITORS: Herbert Geer (Appellants) Wootton & Kearner (Respondents)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 55090/08
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