A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Executive Summary (One Minute Read)
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| Falkingham
v Peninsula Kingswood Country Gold Club (VSCA) – costs –
unsuccessful appellant – no order as to costs of appeal, notice of contention
and appellants’ summonses |
| Fogarty
v CGU Insurance Ltd (ACTSC) – insurance contact – no breach by
insurer of obligation to repair or duty of utmost good faith |
| Summaries With Link (Five Minute Read) |
Falkingham
v Peninsula Kingswood Country Gold Club
[2015] VSCA 30
Court of Appeal of Victoria
Costs – Court dismissed appeal - appellant
sought that respondent indemnify him for costs of appeal and proceeding below,
or there be no order for costs in relation to notice of appeal, and that
respondent pay his costs of notice of contention, on which respondent was
unsuccessful - respondent submitted costs should follow the event - success on
separate issues – whether proceeding akin to derivative proceeding - held: in
all circumstances, costs of appeal as between parties should be dealt with in same
way as trail judge dealt with costs of proceeding at first instance - no order
as to parties’ costs of appeal, notice
of contention, and appellant’s summonses, save for order already made on
joinder application.
Falkingham
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Fogarty
v CGU Insurance Ltd
[2015] ACTSC 44
Supreme Court of the Australian Capital
Territory
Murrell CJ
Insurance contract – insurer entered
contract with appellant to insure building and contents
against accidental loss or damage, including damage by fire – fire in kitchen
of premises – insurer accepted claim and elected to repair damage – dispute
arose in relation to damaged caused to three kitchen floorboards – insured sued
insurer under s57 Insurance Contracts Act
1984 (Cth) for cost of repairs - insured asserted insurer breached contract
by failing to repair damage – Magistrate entered judgment for insured – parties
appealed and cross-appealed – held: grounds of appeal and cross-appeal in
relation to specific performance allowed - Magistrate erred in finding insurer
breached contractual obligation to repair and in finding that insurer breached
its duty of utmost good faith – cross-appeal upheld – verdict for insurer
Fogarty
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