Vero Insurance Limited v Owners of Strata Plan No 69352

Vero Insurance Limited (the Applicant) sought judicial review of a decision made by the District Court of New South Wales concerning an insurance policy. The dispute involved the Owners of Strata Plan No 69352 (the First Respondent), who had made a claim under a policy of insurance that conformed to the requirements of the *Home Building Act 1989* (NSW). The claim related to damage to common property within the strata scheme.

The primary legal issues before the Court of Appeal were whether the District Court had erred in law in its reasons for judgment, and if so, whether that error affected the orders made. Specifically, the court considered whether the claim made by the Owners Corporation was made on behalf of all lot proprietors and, consequently, whether a single excess or multiple excesses were applicable to the claim under the insurance policy.

The Court of Appeal found that while there may have been an error in the District Court's reasons, this error did not vitiate the ultimate orders made by that court. The Court determined that the claim was properly brought by the Owners Corporation and that the application of the policy's excess provisions was correctly determined by the District Court, irrespective of any perceived flaw in the reasoning.

Accordingly, the Court of Appeal dismissed the summons for judicial review and ordered Vero Insurance Limited to pay the First Respondent's costs in the Court of Appeal.