Legge v Universal Hospitality Group Pty Limited [2019] NSWSC 760

Supreme Court New South Wales

Medium Neutral Citation: Legge v Universal Hospitality Group Pty Limited [2019] NSWSC 760 Hearing dates: 18 June 2019 Date of orders: 18 June 2019 Decision date: 20 June 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to rule 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) the following questions are to be determined separately from any other questions in the proceedings and before the trial of the other questions in the proceedings: 1. Whether the Second Cross-claimant on the Amended Second Cross Claim (Universal 1919) breached its duty of disclosure under s 21 of the Insurance Contracts Act 1984 (Cth) (ICA) by reason of the matters pleaded in paragraph 3 of the Third Cross-defendant's (Neon's) Defence to the Amended Second Cross Claim.

2. Whether Universal 1919 made a misrepresentation within the meaning of s 28 of the ICA by reason of the matters pleaded in paragraph 3 of Neon's Defence to the Amended Second Cross Claim.

3. Whether Neon is entitled, pursuant to s 28 of the ICA, to: (i) avoid the policy; or

(ii) reduce its liability under the policy and, if so, to what extent. Catchwords: PROCEDURE – notice of motion seeking determination of separate questions under r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) – motion granted Legislation Cited: Insurance Contracts Act 1984 (Cth) ss 21, 28 Uniform Civil Procedure Rules 2005 (NSW) r 28.2 Civil Procedure Act 2005 (NSW) ss 56, 57 Cases Cited: Lake Maintenance (NSW) Pty Limited v Todd Hadley Pty Limited & Ors [2019] NSWSC 297 Southwell v Bennett [2010] NSWSC 1372 Category: Procedural rulings Parties: Stephen John Legge (Plaintiff) Universal Hospitality Group Pty Limited (First Defendant) Universal 1919 Pty Ltd as trustee of the 1919 Trust and John Kospetas trading as Civic Hotel (Second Defendant) John Kospetas (Third Defendant) Neon Underwriting Ltd formerly known as Marketform Managing Agency Ltd for and on behalf of the Underwriting Members of Syndicate 2468 (Third Cross-Defendant) Representation: Counsel: Mr K Andrews (Plaintiff) Mr D Williams SC with Mr R Goodridge (First, Second and Third Defendants) Ms T Berberian (Third Cross-Defendant)