Owners Corporation Strata Plan 64487 v Suncorp Metway Insurance Limited

Owners Corporation Strata Plan 64487 brought a claim against Suncorp Metway Insurance Limited, seeking indemnity for defects in building work at a property. The dispute centred on whether the insurance policy issued by Suncorp provided cover for the defects. The parties agreed to have the court answer four specific questions to determine the outcome of the case. The Court was asked to determine the identity of the person who carried out the residential building work, the identity of the person who provided warranties under the Home Building Act 1989, and whether the insurance policy responded to the plaintiffs' claims. The court was also asked to determine whether the defendant was estopped from denying indemnity under the policy.

The court first considered the identity of the person who carried out the residential building work and the identity of the person who provided warranties under the Home Building Act 1989. The court found that Clive and Andrew Head carried out the residential building work and provided the warranties. The court then considered whether the insurance policy responded to the plaintiffs' claims. The court found that the policy did respond to the claims because the policy was issued to Clive and Andrew Head, who carried out the residential building work and provided the warranties. The court did not need to answer the fourth question as the policy did respond to the claims.

The court found in favour of the plaintiffs and answered the questions as follows: Clive and Andrew Head carried out the residential building work, Clive and Andrew Head provided the warranties, the policy responds to the plaintiffs' claims, and it was not necessary to answer the fourth question. The court's decision provides clarity for future cases involving insurance policies issued under the Home Building Act 1989.