NSW Caselaw
Appeal Outcome: Special leave dismissed with costs by the High Court, 23 April 2010 s361/2009
New South Wales Court of Appeal
CITATION: Calliden Insurance Limited v Chisholm [2009] NSWCA 398
HEARING DATE(S): 23 November 2009
JUDGMENT DATE: 23 November 2009
JUDGMENT OF: Allsop P at 1; Young JA at 1; Sackville AJA at 1
EX TEMPORE JUDGMENT DATE: 23 November 2009
DECISION: 1. Leave to appeal is refused. 2. The application to pay the costs of the respondent of the application for leave to appeal and of the appeal heard concurrently.
CATCHWORDS: INSURANCE - Accident and sickness insurance - construction of insurance policy - policy including excess – excess defined to be amount "insured first bears" – claim against now insolvent company - whether insured has to pay the excess before claim can be bought against insurance company – payment by insured not precondition for claim against insurance company - Law Reform (Miscellaneous Provisions) Act 1947 (NSW) – s 6
LEGISLATION CITED: Insurance Contracts Act 1984 (Cth) Law Reform (Miscellaneous Provisions) Act 1947 (NSW)
CATEGORY: Principal judgment
Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd [2008] NSWCA 243 CASES CITED: Charter Reinsurance Co Ltd v Fagan [1997] AC 313 Firma C-Trade SA v Newcastle Protection and Indemnity Association [1991] 2 AC 1
PARTIES: Calliden Insurance Limited Danial Arthur Chisholm
FILE NUMBER(S): CA 40200/09
COUNSEL: A S Bell SC; A Lo Surdo (Appellant) G R Graham (Respondent)
SOLICITORS: Hunt & Hunt (Appellant) Emery Partners (Respondent)
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