Royal and Sun Alliance Insurance Australia Limited v Betta Industries Pty Limited; Harlander Pty Limited (in liq) v State of New South Wales

The New South Wales Court of Appeal considered two separate appeals. The first, *Royal and Sun Alliance Insurance Australia Limited v Betta Industries Pty Limited*, concerned the construction of a public risk insurance policy and the scope of coverage. The second, *Harlander Pty Limited (in liq) v State of New South Wales*, involved a claim for negligence, specifically a failure to warn, and whether the defendant knew of a danger to which a plaintiff bystander was exposed.

In *Royal and Sun Alliance*, the primary legal issue was to determine the extent of the risk covered by the public risk insurance policy. In *Harlander*, the court was required to determine whether the State of New South Wales owed a duty of care to the plaintiff bystander and, if so, whether that duty was breached by a failure to warn of a danger of which the State had knowledge.

Regarding *Royal and Sun Alliance*, the Court of Appeal allowed the appeal, setting aside the previous judgment and dismissing the cross-claim with costs. This indicates the court found that the insurance policy did not cover the risk in question. In *Harlander*, the appeal was dismissed, with the appellant ordered to pay the respondent's costs. This suggests the court upheld the decision that no duty of care was owed or that the duty, if any, was not breached.