Construction Law Review

Construction Law Review – November

Please refer below to our Construction Law Review, selected from AR Conolly’s Daily Bulletins covering Insurance, Banking, Construction & Government.

Rawson Homes Pty Ltd v Allianz Australia Insurance Limited [2020] NSWSC 1654
Supreme Court of New South Wales
Henry J
Insurance – construction insurance – plaintiff was constructing residential development – hailstorm caused damaged to ‘parts of’ residential development – plaintiff sought that defendant ‘fully indemnify it’ for losses ‘sustained from the hailstorm’ under Allianz Construction Annual Policy (Policy) – extent of indemnity – ‘repair vs replace issue’ – ‘claim for certain staff related costs and associated profit margin’ – application of deductible – construction of Policy – interest claim under s57 Insurance Contracts Act 1984 (Cth) – ‘date from which’ defendant should pay interest concerning ‘amount payable for’ repair vs replace issue – held: judgment for plaintiff.
View Decision

Owners Corporation SP 46510 v Tan [2020] NSWSC 1564
Supreme Court of New South Wales
Robb J
Nuisance – negligence – plaintiff was proprietor of land on which property erected (OC Property) – defendant owned property which adjoined OC Property (Tan Property) – plaintiff claimed water ingress into carpark caused by ‘excavation works’ which defendant carried out on Tan Property, and by ‘state in which’ property was left following the works – held: judgment for plaintiff on nuisance claim – negligence not established.
View Decision
Arcidiacono v The Owners Strata Plan No 17719; Arcidiacono v The Owners Strata Plan No 61233 [2020] NSWCA 269
Court of Appeal of New South Wales
Macfarlan, White & McCallum JJA
Easements – respondents owned properties which adjoined ‘two small parcels of land’ (parcels) – primary judge found respondents had ‘present entitlement to ‘easements by prescription’ over parcels – primary judge held that if respondents had not had present entitlement to the easements, she would have imposed easements under s88K Conveyancing Act 1919 (NSW) – appellants owned ‘servient tenements’ and ‘another two adjacent allotments of land’ – appellant sought to appeal – appellants contended that requirements for establishing easements by prescription were unsatisfied – appellants also contended requirements for easements’ imposition under s88K Conveyancing Act were unsatisfied – held: leave to appeal granted – appeal dismissed.
View Decision

Icon Co (NSW) Pty Ltd v Liberty Mutual Insurance Company Australian Branch trading as Liberty Specialty Markets [2020] FCA 1493
Federal Court of Australia
Lee J
Insurance – contract – proceedings arising from observation of ’major cracks’ at ’Opal Tower’ – Icon, through Icon’s broker, ’placed third party liability insurance policies’ with Liberty and QBW – Icon sought declarations against Liberty that Incident reflected or resulted from “Occurrence” with cover period of ’Liberty Policy’ – three claims advanced in alternative against Liberty: ’Run Off Claim’ ’Statutory Extension of Coverage Claim’ and ’Rectification Claim’ – Icon sought declarations against QBE to effect Incident reflected or resulted from “Occurrence” ’in connexion with a “Product” of Icon’ within meaning of ’QBE Policy’ – s58 Insurance Contracts Act 1984 (Cth) – held: Rectification Claim against Liberty succeeded – claim against QBE succeeded.

Stay Informed – Connect with us on LinkedIn