Solarus Projects Pty Ltd (Receivers and Managers appointed) (in Liquidation) v AAI Limited Trading as Vero Insurance (No 8) [2015] NSWSC 412

Supreme Court New South Wales

Medium Neutral Citation: Solarus Projects Pty Ltd (Receivers and Managers appointed) (in Liquidation) v AAI Limited Trading as Vero Insurance (No 8) [2015] NSWSC 412 Hearing dates: 5/09/14 Date of orders: 14 April 2015 Decision date: 14 April 2015 Jurisdiction: Common Law Before: Campbell J Decision: Order that the questions ordered to be determined separately under r 28.2 Uniform Civil Procedure Rules 2005 (NSW) be answered as follows:

Question 1 - During the Townsville flood occurring over the period 13 January to 17 February 2008 was Solarus Projects Pty Ltd an insured within the meaning of the Project Contract Works Insurance Policy issued to Glen Alpine Properties Limited and others numbered CTS010377771 dated 2nd May 2007? Answer Yes, by operation of sub-paragraph (b) of the definition of "Insured" in the schedule to the Policy . Question 2 - During the Townsville flood occurring over the period 13 January to 4 February 2009 was Solarus Projects Pty Ltd an insured within the meaning of the Project Contract Works Insurance Policy issued to Glen Alpine Properties Limited and others numbered CTS010377771 dated 2nd May 2007? Answer Yes, by operation of sub-paragraph (b) of the definition of "Insured" in the schedule to the Policy.

List for directions before me at 9.30 am on the 12th May 2015. Catchwords: INSURANCE – contracts or policies – damage to commercial project due to flooding – interpretation of the meaning of "Insured" under the insurance policy –– whether the plaintiff as owner of the land comes under the extended definition of "Insured" and therefore is an un-named insured under the policy