Bon McArthur Transport Pty Ltd (In Liq) v Caruana [2013] NSWCA 101

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bon McArthur Transport Pty Ltd (In Liq) v Caruana [2013] NSWCA 101 Hearing dates: 25 March 2013 Decision date: 03 May 2013 Before: McColl JA at [1]; Basten JA at [2]; Meagher JA at [11] Decision: (1) QBE's appeal allowed. (2) Set aside orders 1.2, 1.4, 1.6, 1.7, 1.10 (only insofar as it requires that QBE pay Mr Caruana's costs of the proceedings in the Court below) and 1.11 (only insofar as it requires that QBE bear its own costs of the proceedings in the Court below) made by the District Court on 10 February 2012. (3) Judgment for Mr Caruana against BMT (the first appellant) in the sum of $1,586,450.20, such judgment to take effect on 10 February 2012. (4) Judgment for QBE on Mr Caruana's claim made by the Second Amended Statement of Claim. (5) Judgment for QBE on the Workers Compensation Nominal Insurer's Amended First Cross-Claim. (6) Mr Caruana pay QBE's costs of defending his claim in the Court below. (7) Workers Compensation Nominal Insurer pay QBE's costs of the Amended First Cross-Claim in the Court below. (8) Workers Compensation Nominal Insurer pay QBE's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: INSURANCE - insurance contracts - whether primary judge erred in holding that first appellant was an insured under policy of insurance - formation of contract - orthodox analysis in terms of offer and acceptance - whether agreement made by broker's acceptance of insurer's quotation - whether policy schedule subsequently issued recorded terms of earlier agreement - significance, if any, of later issue by broker of "coverage summary" inconsistent with terms of earlier agreement