T&T Investments Australia Pty Limited v CGU Insurance Limited [2016] NSWCA 227

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: T&T Investments Australia Pty Limited v CGU Insurance Limited [2016] NSWCA 227 Hearing dates: 11 July 2016 Decision date: 25 August 2016 Before: McColl JA at [1]; Basten JA at [2]; Meagher JA at [3] Decision: 1. Appeal allowed. 2. Set aside the judgment and orders of the District Court entered on 10 October 2014. 3. Judgment for the appellant in the sum of $620,160, that judgment to take effect on 10 October 2014, plus interest to that date. 4. Direct that before 5pm on 31 August 2016 the parties prepare and file in the Registry short minutes of order which: (a) award interest to the appellant on that sum for the same period to 10 October 2014, and at the same rate, as did order 2 made on 10 October 2014; (b) provide for the respondent to pay the appellant's costs of the proceedings at first instance and on appeal on the ordinary basis. Catchwords: INSURANCE – indemnity insurance – crop insurance – where policy insured loss of potential yield of seed from lentil crop due to "impact of hailstones upon plant parts" – where hailstorm occurred – where crop unharvestable – where respondent insurer rejected claim that crop unharvestable due to hailstorm – where primary judge upheld appellant's claim in part – where primary judge adopted yield loss assessment and reasoning of two experts – whether the expert opinions and assumptions underlying them were inconsistent with other findings of primary judge – whether primary judge erred in adopting those opinions – no question of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 31.35 Category: Principal judgment Parties: T&T Investments Australia Pty Limited (Appellant) CGU Insurance Limited (Respondent) Representation: Counsel: R Scruby with J R Willis (Appellant) L V Gyles SC with H Chiu (Respondent)