Four Seasons Jewellers Pty Ltd v Assetinsure Pty Ltd [2012] NSWDC 112

District Court New South Wales

Medium Neutral Citation: Four Seasons Jewellers Pty Ltd v Assetinsure Pty Ltd [2012] NSWDC 112 Hearing dates: 23/4/12, 24/4/12, 26/4/12, 27/4/12, 30/4/12, 11/5/12, 1/6/12, 13/6/12 and 20/6/12 Decision date: 03 August 2012 Before: P Taylor SC DCJ Decision: 1. Judgment for the plaintiff in the sum of $84,881.13. 2. Order the defendant to pay the plaintiff's costs. Catchwords: Insurance - indemnity denied - damages for breach of contract Legislation Cited: Insurance Contracts Act 1984 Insurance Contracts Regulations 1985 Cases Cited: Four Seasons Jewellers Pty Ltd v Assetinsure Pty Ltd [2012] NSWDC 65 Gagner Pty Ltd (t/as Indochine Café) v Canturi Corporation Pty Ltd (2009) 262 ALR 691; [2009] NSWCA 413 The Barrington Services Group Pty Ltd v Bossy [2012] NSWDC 82 Category: Principal judgment Parties: Four Seasons Jewellers Pty Ltd (plaintiff) Assetinsure Pty Ltd (defendant) Representation: Mr T Boyd with Mr J Cairn (plaintiff) Mr J Poulos QC (defendant) Herbert Weller (plaintiff) Hicksons Lawyers (defendant) File Number(s): 2011/152514 Publication restriction: No

Judgment

A. Introduction 1Paul Hanna is a jeweller. On 18 January 2010 two men masked by balaclavas followed him into his store, held a gun to his head and robbed him of much of his stock. 2A few weeks earlier he had taken out an insurance policy. There was no dispute that it covered loss by armed robbery. But the records kept by Mr Hanna were poor and the insurer denied indemnity. 3These proceedings concern whether, and how much, the insurer must pay Mr Hanna's company.