Camellia Properties Pty Ltd and Ors v Wesfarmers General Insurance Ltd

[2013] NSWSC 1975

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. ENVIRONMENT AND PLANNING - whether lodgement of development application was required for reinstatement of house to "as was" condition - whether, and extent to which, lodgement of development application necessitated upgrade of non-damaged components of the house.
1. ESTOPPEL - estoppel by convention - whether parties adopted common assumptions inconsistent with the terms of the insurance policy - whether insurer estopped from denying assessment of liability for reasonable costs of reinstatement by reference to various reports - whether insurer estopped from relying on terms of the policy in respect of costs of alternative accommodation.
1. INSURANCE - home and contents policy - construction of policy - whether policy terms varied by parties' communications - assessment of reasonable costs of reinstatement of fire damaged house - whether insurer or insured (or both) breached duty of utmost good faith.