Construction Thursday, 12 March 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Executive Summary (One Minute Read)
The Hancock Family Memorial Foundation Ltd v Lowe (WASCA) - professional indemnity insurance - construction and validity of condition - appeal dismissed 
Summaries With Link (Five Minute Read)
The Hancock Family Memorial Foundation Ltd v Lowe [2015] WASCA 38
Court of Appeal of Western Australia
McLure P, Newnes JA & Beech J
Professional indemnity insurance - primary judge dismissed appellant’s action against respondents under s51 Insurance Contracts Act 1984 (Cth) - primary issue at trial was proper construction of condition in two excess professional indemnity insurance contracts between late solicitor and respondents - appeal also included challenge to the validity of the condition as construed by the trial judge - test of implied retainer - estoppel by convention - classification of policies as true excess insurance - held: purpose of condition was to make obligation to indemnify  conditional on solicitor establishing both the fact and amount of fund’s liability to indemnify solicitor - trial judge’s construction of condition correct - condition not void under s52 - appeal dismissed.
The Hancock Family Memorial Foundation Ltd