FEDERAL COURT OF AUSTRALIA
Elilade Pty Ltd v Nonpareil Pty Ltd
[2002] FCA 909
INSURANCE – insurance policy had “flood” exemption – loss caused by water damage being an insured event – loss subsequently caused by flood being an exempted event – extent to which damage caused by insured event recoverable – proximate cause of damage.
INSURANCE – insurance broker – whether insurance broker owed insured duty to advise insured of availability of insurance including flood cover – whether insurance broker owed insured duty to inform insured of flood exemption in policy – whether duty discharged by correspondence requesting insured to check schedule of insurances which clearly identified flood exemption.
Insurance Contracts Act 1984 (Cth), s 57, s 57(2), s 57(3)
Consumer Affairs and Fair Trading Act (NT), s 42, s 44(e)
Trade Practices Act 1974 (Cth), s 52(1)
Insurance (Agents and Brokers) Act 1984 (Cth), s 13(1)(b)
Insurance Contract Regulations 1985 (Cth), reg 32
Financial Laws Amendment Act 1997 (Cth)
Federal Court of Australia Act 1976Pye v Metropolitan Coal Co. Ltd (1934) 50 CLR 614
Wayne Tank & Pump Co. Ltd v Employers Liability Assurance Corp. Ltd [1974] Q.B. 57
Gold Coast Bakeries (Qld) Pty Ltd v Heat & Control Pty Ltd [1992] 1 Qd R 162
City Centre Cold Store Pty Ltd v Preservatrice Skandia Insurance Ltd (1985) NSWLR 739
Leyland Shipping Co. Ltd v Norwich Union Fire Insurance Society Ltd [1918] AC 350
National & General Insurance Co. Ltd v Chick [1984] 2 NSWLR 86
Moore v Evans [1918] AC 185
Countrywide Finance Ltd v State Insurance Ltd [1993] NZLR 745
Cory v Burr (1883) 8 App Cas 393
Thompson v Mastertouch TV Service Pty Ltd (No.1) (1997) 29 FLR 270
James v ANZ Banking Group Ltd (1986) 64 ALR 347
SWF Hoists and Industrial Equipment Pty Ltd v State Government Insurance Commission (1990) 12 ATPR 41-45
Caparo Industries plc v Dickman [1990] 2 AC 605
Lewis v Tressider Andrews Associates Pty Ltd [1987] 2 Qd R 533
Mitor Investments Pty Ltd v General Accident Fire and Life Insurance Corp. Ltd [1984] WAR 365
Provincial Insurance Australia Pty Ltd v Consolidated Wood Products Pty Ltd (1991) 25 NSWLR 541
Dickson v Devitt [1917] 86 LJKB 315
Astley v Austrust Ltd (1999) 197 CLR 1
Fine’s Flowers Ltd v General Accident Assurance Co. of Canada (1977) 81 DLR 3d 139
Rocco Pezzano Pty Ltd v Unity Insurance Brokers Pty Ltd (1995) 8 ANZ Ins Cas 61-288
Unity Insurance Brokers Pty Ltd v Rocco Pezzano Pty Ltd (1998) 192 CLR 603
Fire & All Risks Insurance v Caratti (Bulfinch) Pty Ltd [1969] WAR 49
Craine v Colonial Mutual Insurance Ltd (1920) 28 CLR 305
Lake v Harford Fire Insurance Co. Ltd [1996] WAR 161
Re Mining Technologies Australia Pty Ltd [1999] 1 Qd R 60
Settlement Wine Co. Pty Ltd v National & General Insurance Co. Ltd (1994) 62 SASR 40ELILADE PTY LTD (ACN 073 980 800) v NONPAREIL PTY LTD (ACN 009…
Keep reading for free
Create a free CaseChat account to read Elilade Pty Ltd v Nonpareil Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2002] FCA 909
- Decision Date
CaseChat Overview and Summary
The court considered the terms of the insurance contract and whether the respondents had breached it by failing to pay out on the claim. The court found that the respondents had breached the contract and were liable to pay the applicant damages and interest. The court rejected the applicant’s claim against the other respondent, finding that there was no evidence to support a breach of contract on their part. The court ordered that judgment be entered in favour of the applicant against the second respondent in the sum of $238,605, with interest under s 57 of the Insurance Contracts Act 1984 (Cth) from 1 January 1999. The applicant’s claim against the first respondent was dismissed.
Orders
Orders of the court
1. Judgment be entered in favour of the applicant against the second respondent in the sum of $238,605.
2. The second respondent pay to the applicant interest on the judgment sum of $238,605 under s 57 of the Insurance Contracts Act 1984 (Cth) from 1 January 1999.
3. The applicant’s claim against the first respondent be dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: MANSFIELD J
Full text does not contain this section.