NSW Caselaw
New South Wales Supreme Court
CITATION : QBE Insurance (Australia) Limited v Wesfarmers General Insurance Limited [2010] NSWSC 855
HEARING DATE(S) : 28 July 2010
JUDGMENT DATE : 4 August 2010
JUDGMENT OF : Garling J
DECISION : Wesfarmers General Insurance is liable to indemnify Mrs Josslyn Vasic in relation to the claim made by the plaintiff in El Hayek v Vasic (Proceedings 2006/266976).
CATCHWORDS : INSURANCE – General insurance – Indemnity insurance – Whether Farm Liability policy responds to liability for injury suffered by paying recreational shooters temporarily residing on the farm property – Whether the activity of receiving and accommodating recreational shooters for payment is part of, incidental to, or a business separate from the business of a "cropping farm" – Whether exclusion in Personal Legal Liability policy applies – Relevant indicia to a separate and distinct business – Activity a necessary part of farm business. - INSURANCE– General insurance – Double insurance – Contribution.
LEGISLATION CITED : Local Government Act 1919
CATEGORY : Principal judgment
Albion Insurance Company Ltd v Government Insurance Office of NSW (1969) 121 CLR 342 Darlington Futures Ltd v Delco Aust Pty Ltd (1986) 161 CLR 500 Drayton v Martin (1996) 67 FCR 1 El Hayek v Vasic [2010] NSWSC 634. CASES CITED : Hope v Bathurst City Council (1980) 144 CLR 1 Our Town FM Pty Ltd v Australian Broadcasting Pty Ltd (1987) 16 FCR 465 QBE Insurance Australia Limited v Vasic [2010] NSWCA 166 Selected Seeds Pty Ltd v QBEMM Pty Ltd [2009] QCA 286. Transfield Pty Ltd v National Vulcan Engineering Insurance Group Ltd [2002] NSWSC 830
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