Glenn William Starr v Insurance Australia Limited [2017] NSWDC 284

District Court New South Wales

Medium Neutral Citation: Glenn William Starr v Insurance Australia Limited [2017] NSWDC 284 Hearing dates: 10, 11 and 12 October 2017 Date of orders: 20 October 2017 Decision date: 20 October 2017 Jurisdiction: Civil Before: Judge D. Russell Decision: (1) Judgment for the defendant. (2) Order the plaintiffs to pay the defendant's costs. (3) Grant leave to the parties to approach my Associate, should either party wish to seek a different costs order. (4) Order that the costs payable by the plaintiffs to the defendant be on the ordinary basis up to and including 25 July 2017 and thereafter on an indemnity basis. Catchwords: INSURANCE – home and contents – home destroyed by fire – contract of indemnity – sum insured – insured only entitled to indemnity – reasonable cost of rebuilding – quotes – estimates Cases Cited: Mobis Parts Australia Pty Ltd v XL Insurance Co SE (No. 7) [2017] NSWSC 1321 Kenwright v Insurance Australia Limited [2013] NSWDC 255 Raso v NRMA Insurance (New South Wales Court of Appeal, 14 December 1992, unreported) Category: Principal judgment Parties: Glenn William Starr (first plaintiff) Tanya Nieuwendyk (second plaintiff) Insurance Australia Limited (defendant) Representation: Counsel: S. McCarthy (plaintiff) D. Weinberger (defendant)

Solicitors: Laxon Lex (plaintiff) Holman Webb (defendant) File Number(s): 2016/00154366