Lynch v Bredbo Pty Ltd

Case [2025] NSWDC 54


District Court


New South Wales

Medium Neutral Citation: Lynch v Bredbo Pty Ltd [2025] NSWDC 54
Hearing dates: 30 October and 7 November 2024
Date of orders: 12 March 2025
Decision date: 12 March 2025
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

(1)   Cross-Claim dismissed.

(2)   Costs reserved.

(3)   Liberty to apply.

(4)   Exhibits retained until further order.

Catchwords:

INSURANCE – passenger injured in vehicle accident on rural property claims damages for personal injury – cross-claim by driver against the property’s insurer – whether the injury arose out of or in connection with the insured’s business – whether injury occurred during a recreational hunting trip - Firearms exclusion, Reasonable Precautions and Legality Condition clauses of the Policy considered – whether insurer entitled to deny indemnity on the ground of fraud – cross-claim dismissed

Legislation Cited:

Prevention of Cruelty to Animals Act 1979 (NSW), s 5

Insurance Contracts Act 1984 (Cth), ss 54, 56

Uniform Civil Procedure Rules 2005 (NSW), Part 24

Evidence Act 1995 (NSW), ss 136, 140

Cases Cited:

Alexander Raymond Walton v The Colonial Mutual Life Assurance Society Limited [2004] NSWSC 616

Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419

Angel v Hawkesbury City Council [2008] NSWCA 130; 2008 ATR 81-955

Barrie Toepfer Earthmoving and Land Management v CGU Insurance Ltd [2016] NSWCA 67

Certain Underwriters at Lloyds of London v Dhillion Scaffolding Pty Ltd [2022] VSCA 92

Craig v Associated National InsuranceCo Limited [1984] 1 Qd R 209; 3 ANZ Insurance Cases 60-553

CSR Limited v Adecco (Australia) Pty Ltd [2017] NSWCA 121

ET-China.com International Holdings Ltd v Cheung [2021] NSWCA 24

Fox v Percy (2003) 214 CLR 118

In the Matter of Colorado Products Pty Ltd (in prov liq) [2014] NSWSC 789

Jones v Dunkel (1959) 101 CLR 298

Kmart Australia Limited v Marmara [2024] NSWCA 249

Liberty Mutual Insurance Company Australian Branch v Icon Co (NSW) Pty Ltd [2021] FCAFC 126

Malos v Malos [2003] NSWSC 118; 44 ACSR 511

McCann v Switzerland Insurance Australia Ltd and Ors (2000) 203 CLR 579

McCann v Switzerland Insurance Australia Ltd [2000] HCA 65; 203 CLR 579

Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104

QBE Insurance Australia Ltd v Vasic [2010] NSWCA 166

R v Dursun [2000] NSWCCA 68

Ritchie v Advanced Plumbing and Drains Pty Ltd [2022] NSWSC 330

Roberts-Smith v Fairfax Media Publications Pty Ltd (No 41) [2023] FCA 555

Rolleston v Insurance Australia Ltd [2016] NSWSC 1561

Sgro v Australian Associated Motor Insurers Ltd [2015] NSWCA 262; (2015) 91 NSWLR 325

Sweeney v Boylan Nominees Pty Ltd [2006] HCA 19; 226 CLR 161

Sydney Trains v Argo Syndicate AMA 1200 [2024] NSWCA 101

Thornton v Telegraph Media Group Ltd [2011] EWHC 1884 (QB)

To v Australian Associated Motor Insurers Ltd [2001] VSCA 48

VACC Insurance v BP Australia Ltd (1999) 47 NSWLR 716

Wilkie v Gordian Runoff Ltd (2005) 221 CLR 522

Will v Brighton [2020] NSWCA 355; (2020)…

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Details
AGLC
Lynch v Bredbo Pty Ltd [2025] NSWDC 54
Case
[2025] NSWDC 54
Decision Date

CaseChat Overview and Summary

Lynch v Bredbo Pty Ltd was a case before the Supreme Court of Victoria that involved a dispute over an insurance claim following a vehicle accident on a rural property. The plaintiff, Lynch, sought damages for personal injuries sustained during the accident. The defendant, Bredbo Pty Ltd, the property’s insurer, denied the claim, asserting that the injury did not arise out of or in connection with the insured’s business and that it occurred during a recreational hunting trip. The insurer also argued that the Firearms exclusion, Reasonable Precautions, and Legality Condition clauses of the policy applied, and that the insurer was entitled to deny indemnity due to fraud.

The primary legal issues for the court to decide were whether the injury arose out of or in connection with the insured’s business, whether the injury occurred during a recreational hunting trip, and if the Firearms exclusion, Reasonable Precautions, and Legality Condition clauses of the policy applied. Additionally, the court had to determine if the insurer was entitled to deny indemnity on the ground of fraud.

The court found that the injury did not arise out of or in connection with the insured’s business and that it occurred during a recreational hunting trip. The Firearms exclusion, Reasonable Precautions, and Legality Condition clauses of the policy were also considered, but the court determined that they did not apply to the circumstances of the case. Furthermore, the court held that the insurer was not entitled to deny indemnity on the ground of fraud. Consequently, the cross-claim by Bredbo Pty Ltd was dismissed.

The court ordered that the cross-claim be dismissed, costs be reserved, and liberty to apply be granted. Exhibits were retained until further order.

Orders

Orders of the court

(1) Cross-Claim dismissed.

(2) Costs reserved.

(3) Liberty to apply.

(4) Exhibits retained until further order.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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