Pacific International Insurance Co Ltd v Walsh [2018] NSWCA 9

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pacific International Insurance Co Ltd v Walsh [2018] NSWCA 9 Hearing dates: 20 October 2017 Decision date: 14 February 2018 Before: Macfarlan JA at [1]; Leeming JA at [12]; White JA at [87] Decision: (1) To the extent necessary, grant leave to appeal in respect of the judgment entered on the cross-claim in proceeding 2014/224296. (2) Appeal dismissed, with costs. (3) Grant the parties leave to apply to a single Judge of Appeal, within 14 days, if they wish to be heard as to the name of the appellant. Catchwords: INSURANCE - construction of policy terms - public liability and professional indemnity - exclusion clauses - respondent provided building inspection report to plaintiff purchaser - report negligently failed to identify defective balcony - baluster failed causing injury - whether appellant's policy responded to respondents' claim - conflict between policy endorsement and exclusions - relevance of hierarchical provisions providing that specific endorsements prevail over general exclusions - relevance of commercial purpose of policy Legislation Cited: Civil Liability Act 2002 (NSW), ss 30-32 Cases Cited: Legal & General Insurance Australia Ltd v Eather (1986) 6 NSWLR 390 Newcrest Mining (WA) Ltd v Commonwealth (1997) 190 CLR 514; [1997] HCA 38 Transfill Services (Australia) v Hall (2008) 75 NSWLR 12; [2008] NSWCA 294 Category: Principal judgment Parties: Pacific International Insurance Co Ltd (Appellant) Nigel Walsh (First Respondent) Complete Building Inspection Services Pty Ltd (Second Respondent) Representation: Counsel: P W Taylor SC (Appellant) A G Rogers, M Tovey (Respondents)