Council of the City of Wollongong v Vero Insurance Limited [2009] NSWSC 475

New South Wales Supreme Court

CITATION : Council of the City of Wollongong v Vero Insurance Limited [2009] NSWSC 475

HEARING DATE(S) : 11/05/09 and 12/05/09 JURISDICTION : Equity Division Technology and Construction List

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 12 May 2009

DECISION : See paragraph [58] of the judgment.

CATCHWORDS : INSURANCE - total loss - construction of policy as a whole - insured entitled to reinstatement costs. - INSURANCE - insurance contract for declared values - alleged mistake in declared value - whether mistake could be corrected after loss.

LEGISLATION CITED : Uniform Civil Procedure Rules

CATEGORY : Principal judgment

CASES CITED : McCann v Switzerland Insurance Australia Ltd (2000) 203 CLR 579

PARTIES : Council of the City of Wollongong (Plaintiff) Vero Insurance Limited (Defendant)

FILE NUMBER(S) : SC 55095/07

COUNSEL : N A Cotman SC / R I Goodridge (Plaintiff) S R Donaldson SC / G A Donnellan (Defendant)

SOLICITORS : Fisher Cartwright Berriman Pty Limited (Plaintiff) Wotton & Kearney (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST

McDOUGALL J

12 May 2009 (ex tempore – revised 13 May 2009)

55095/07 COUNCIL OF THE CITY OF WOLLONGONG v VERO INSURANCE LIMITED JUDGMENT 1 HIS HONOUR: On 20 August 2006, a building known as the "NES Hall", which was owned by the plaintiff (the council), was destroyed by fire. The council had the benefit of an industrial special risks policy of insurance (the policy) issued by the defendant (Vero). Vero accepts that it is liable to indemnify the council for the loss of the NES Hall, according to the terms of the policy. The council and Vero are in dispute as to the basis on which the council should be indemnified.