Cate Doosey v Nigel Walsh & Complete Building Inspection Services Pty. Ltd.;; Evangeline Doosey-Shaw by her next friend Cate Doosey v Nigel Walsh & Complete Building Inspection Services Pty. Ltd. [2017] NSWDC 8

District Court New South Wales

Medium Neutral Citation: Cate Doosey v Nigel Walsh & Complete Building Inspection Services Pty. Ltd.;; Evangeline Doosey-Shaw by her next friend Cate Doosey v Nigel Walsh & Complete Building Inspection Services Pty. Ltd. [2017] NSWDC 8 Hearing dates: 21, 22, 23, 24, 25, 28 and 29 November, 5 and 6 December 2016 Date of orders: 03 February 2017 Decision date: 03 February 2017 Jurisdiction: Civil Before: Montgomery DCJ Decision: (1) In proceedings numbered 2014/224296, plaintiff Cate Doosey, I give judgment for the plaintiff against the defendants jointly and severally in the sum to be calculated by agreement between the parties in accordance with these reasons. (2) In proceedings numbered 2014/224312, plaintiff Evangeline Doosey-Shaw (by her next friend Cate Doosey), I give judgment for the plaintiff against the defendants jointly and severally, damages to be assessed. (3) In proceedings numbered 2014/224312, plaintiff Evangeline Doosey-Shaw (by her next friend Cate Doosey), I dismiss the Second Cross-Claim. (4) In proceedings numbered 2014/224296, plaintiff Cate Doosey, on the First Cross-Claim I give judgment for the Cross-Claimants against the Cross-Defendant. (5) In proceedings numbered 2014/224312, plaintiff Evangeline Doosey-Shaw (by her next friend Cate Doosey), I give judgment for the Cross-Claimants against the Cross-Defendant. (6) In both proceedings, the First and Second Defendants pay the Plaintiffs' costs of the proceedings. (7) In both proceedings, the Cross Defendant to the First Cross Claim pay to the First and Second Defendants the costs payable by the First and Second Defendants pursuant to order 6. (8) In both proceedings, the Cross Defendant to the First Cross Claim pay the First and Second Cross Claimants' own costs of the proceedings. Catchwords: Negligence – pre-purchase inspection and report – contract – where child fell through balustrade – Insurance - construction of exclusion clause Legislation Cited: Civil Liability Act 2002 (NSW) Cases Cited: CGU Insurance Limited v Porthouse [2008] HCA 30; (2008) 235 CLR 103 Chubb Insurance Company of Australia Limited v Robinson [2016] FCAFC 17; (2016) 239 FCR 300 Darlington Futures Limited v Delco Australia Pty Ltd [1986] HCA 82; (1986) 161 CLR 500 Fitzpatrick v Job [2007] WASCA 63; (2007) 14 ANZ Ins Cas ¶61-731; (2007) Aust Torts Reports 81-89 Husher v Husher [1999] HCA 47; (1999) 197 CLR 138 GIO General v Newcastle City Council (1996) 38 NSWLR 558 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 Luxton v Vines (1952) 85 CLR 352 McCann v Switzerland Insurance Australia Ltd [2000] HCA 65; (2000) 203 CLR 579 Mount Bruce Mining Pty. Ltd. v Wright Prospecting Pty. Ltd. [2015] HCA 37; (2015) 256 CLR 104 Penrith City Council v Parks [2004] NSWCA 201 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; (2007) 234 CLR 330 Voli v Inglewood Shire Council [1963] HCA 15; 110 CLR 74 W.B. Jones Staircase & Handrail Pty Ltd v Richardson & Ors [2014] NSWCA 127 Category: Principal judgment Parties: In first proceedings, 2014/224296: Cate Doosey (Plaintiff) Nigel Walsh (First Defendant/Cross-Claimant) Complete Building Inspection Services Pty. Ltd. (2nd Defendant/Cross-Claimant) Pacific International Insurance Pty Ltd (Cross-Defendant)