GIO General Ltd v Centennial Newstan Pty Ltd

[2014] NSWCA 13

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

GIO General Limited v Centennial Newstan Pty Ltd [2014] NSWCA 13

Hearing dates:

4 December 2013

Decision date:

12 February 2014

Before:

Meagher JA at [1];
Hoeben JA at [19];
Gleeson JA at [20]

Decision:

1. Appeal dismissed.

2. The appellant to pay the respondent's costs of the appeal.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

CONTRACTS - general contractual principles - construction and interpretation of contracts - Indemnity clause - Obligation to indemnify - Obligation on Contractor to indemnify Principal - Insurance clause - Contractor's obligation to insure Principal and the Contractor's Subcontractors against the respective liabilities of each of those parties to each other and to third parties; GUARANTEE AND INDEMNITY - indemnities - construction of contract - Obligation to indemnify - Obligation on Contractor to indemnify Principal for failure to insure the Principal - Obligation imposed in respect of all liabilities of the Contractor and Principal and Contractor's Subcontractors to each other and to third parties; INSURANCE - Third-party liability insurance - In general

Cases Cited:

Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99
Chapmans Ltd v Australian Stock Exchange Ltd [1996] FCA 474; 67 FCR 402
Erect Safe Scaffolding (Australia) Pty Ltd v Sutton [2008] NSWCA 114; 72 NSWLR 1
Fitzgerald v Masters (1956) 95 CLR 420
Pritchard v Trius Constructions Pty Ltd [2011] NSWSC 749
Sigiriya Capital Pty Ltd v Scanlon [2013] NSWCA 401
Water Board v Moustakas [1988] HCA 12; 180 CLR 491
Wilkie v Gordian Runoff Ltd [2005] HCA 17; 221 CLR 522

Texts Cited:

Derrington and Ashton, The Law of Liability Insurance, (3rd ed 2013, Lexis Nexis Australia)

Category:

Principal judgment

Parties:

GIO General Limited (Appellant)
Centennial Newstan Pty Ltd (Respondent)

Representation:

Counsel:
L V Gyles SC with P M Knowles (Appellant)
J Simpkins SC (Respondent)
Solicitors:
Kennedys (Appellant)
Winter Hilditch & Fotheringham (Respondent)

File Number(s):

2012/384153

 Decision under appeal 

Jurisdiction:

9101

Citation:

Andrew William McDonald v Centennial Newstan Pty Ltd [2012] NSWDC 218

Date of Decision:

2012-11-29 00:00:00

Before:

Marks ADJC

File Number(s):

2011/42451

Judgment

1. MEAGHER JA: This is an appeal from the judgment of F Marks ADCJ in McDonald v Centennial Newstan Pty Ltd [2012] NSWDC 218. I have had the benefit of reading in draft the reasons for judgment of Gleeson JA. I agree with his Honour that the appeal should be dismissed with costs. I propose to state briefly my reasons for doing so. Generally, they accord with those of his Honour. I have adopted in these reasons the same abbreviations as are used…