Bechini v IUS Pty Limited (ABN 93 003 359 279 (In Liquidation) [2019] NSWSC 427

Supreme Court New South Wales

Medium Neutral Citation: Bechini v IUS Pty Limited (ABN 93 003 359 279 (In Liquidation) [2019] NSWSC 427 Hearing dates: 21 June 2018 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Common Law Before: Rothman J Decision: (1) The answers to the questions posed for separate determination pursuant to the terms of Uniform Civil Procedure Rules 2005 (NSW) r 28.2 are as follows:

(a) First Question: Whether the term pleaded at [31(b)] of the Further Amended Statement of Claim is a term of the Lumley First Policy (defined at [27] of the Further Amended Statement of Claim)?

Answer: Yes, provided that the claim does not arise from or in connection with facts or circumstances that IUS knew or ought reasonably to have known prior to the Insurance Period might or could give rise to a claim;

(b) Second Question: Whether the term pleaded at [31(c)] of the Further Amended Statement of Claim is a term of the Lumley First Policy?

Answer: Yes, again provided that the claim does not arise from or in connection with facts or circumstances that IUS knew or ought reasonably to have known prior to the Insurance Period might or could give rise to a claim and further provided that there was in place a relevant contract of insurance from 23 March 2008 until notification to IUS in the week following 29 July 2008;

(c) Third Question: Whether the matters pleaded and particularised at [35C] of the Further Amended Statement of Claim amount to a "Claim" within the meaning of the Lumley Second Policy (defined at [27] of the Further Amended Statement of Claim)?