Strahinja Pandurevic v Southern Cross Constructions (NSW) Pty Limited & Ors [2012] NSWSC 623

Supreme Court New South Wales

Medium Neutral Citation: Strahinja Pandurevic v Southern Cross Constructions (NSW) Pty Limited & Ors [2012] NSWSC 623 Hearing dates: 30 August 2011 & 31 August 2011 Decision date: 07 June 2012 Jurisdiction: Common Law Before: Hidden J Decision: Second, third and fifth cross-claims dismissed Catchwords: PROCEEDINGS FOR DAMAGES FOR PERSONAL INJURY - issue between second defendant and its insurer - whether insurer's liability to indemnify second defendant excluded by a term of the policy Legislation Cited: Insurance Contracts Act 1984 (Cth) Cases Cited: McCann v Switzerland Insurance (2000) 203 CLR 579 Kodak (Australasia) Pty Ltd v Retail Traders Mutual Indemnity Insurance Association (1942) 42 SR (NSW) 231 Category: Procedural and other rulings Parties: Strahinja Pandurevic (plaintiff) Southern Cross Constructions (first defendant) Allmen Steel (second defendant) Mecon (cross-claimant/defendant) QBE Insurance (Australia) Pty Ltd (cross-claimant/defendant) Representation: Mr A Cooley - Allmen Steel (second defendant) Mr JL Sharpe - Mecon (cross-claimant/defendant) Mr M Izzo - QBE Insurance (Australia) Pty Ltd (cross-claimant/defendant) Benjamin Gee - FCB Lawyers & Consultants (second defendant) H Simons - Remington & Company (Mecon - cross-claimant/defendant) Paul John Hendriks - Hicksons Lawyers (QBE - cross-claimant/defendant) File Number(s): 2008/289635