T&T Investments Australia Pty Limited v CGU Insurance Limited

T&T Investments Australia Pty Limited (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the District Court concerning a claim under a crop insurance policy. The policy insured the appellant against loss of potential yield of seed from a lentil crop due to the "impact of hailstones upon plant parts". A hailstorm occurred, rendering the crop unharvestable, but the respondent insurer, CGU Insurance Limited, rejected the appellant's claim on the basis that the crop's unharvestability was not caused by the hailstorm.

The primary legal issues before the Court of Appeal were whether the expert opinions and the assumptions underpinning them, which the primary judge had adopted in part to uphold the appellant's claim, were inconsistent with other findings made by the primary judge, and whether the primary judge had erred in adopting those opinions. The court was not required to determine any question of principle.

McColl, Basten and Meagher JJA allowed the appeal, setting aside the District Court's judgment and orders. The Court of Appeal entered judgment for the appellant in the sum of $620,160, to take effect on 10 October 2014, along with interest to that date. The parties were directed to file short minutes of order regarding the award of interest and the respondent's liability for the appellant's costs of the proceedings at first instance and on appeal.