Southern Classic Group Pty Ltd t/as Southern Classic Cars v Arch Underwriting at Lloyd’s Ltd on behalf of Syndicate 2012 [2018] NSWSC 1272

Supreme Court New South Wales

Medium Neutral Citation: Southern Classic Group Pty Ltd t/as Southern Classic Cars v Arch Underwriting at Lloyd's Ltd on behalf of Syndicate 2012 [2018] NSWSC 1272 Hearing dates: 30 July 2018 Decision date: 16 August 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Insured entitled to indemnity under management liability policy Catchwords: INSURANCE – Liability insurance – management liability policy – cover for employment practice breach – where employee made claim for constructive dismissal – where that claim settled at mediation – whether the settlement was reasonable – whether there has been a loss for the purposes of the policy – whether any exclusions enlivened Legislation Cited: Fair Work Act 2009 (Cth) Cases Cited: Howard v Pilkington (Australia) Ltd [2008] VSC 491 Ma v Expeditors International Pty Ltd [2014] NSWSC 859 Orica Ltd v CGU Insurance Ltd (2003) 59 NSWLR 14; [2003] NSWCA 331 Post Office v Norwich Union Fire Insurance Society Ltd [1967] 2 QB 363 Quinn v Jack Chia (Australia) Ltd [1992] 1 VR 567 Vero Insurance Ltd v Baycorp Advantage Ltd [2004] NSWCA 390 Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance [2018] NSWCA 100 Category: Principal judgment Parties: Southern Classic Group Pty Limited trading as Southern Classic Cars (Plaintiff) Arch Underwriting at Lloyd's Ltd on behalf of Syndicate 2012 (First Defendant) Liberty Managing Agency Limited for and on behalf of Syndicate 4472 (Second Defendant) Hiscox Dedicated Corporate Member Limited (Third Defendant) Barbican Managing Agency Limited (Fourth Defendant) Representation: Counsel: S R Donaldson SC with G Carolan (Plaintiff) A Horvath with T Senior (Defendants)