HDI Global Specialty SE v Wonkana No. 3 Pty Ltd

(2020) 104 NSWLR 634; [2020] NSWCA 296

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Construction
3. › Interpretation
4. › Exclusion clause in insurance policy
5. › Reference to particular legislation 'and subsequent amendments'
6. › Whether replacement legislation a 'subsequent amendment'
7. › Quarantine Act 1908 (Cth)
8. › Biosecurity Act 2015 (Cth)
1. Contract
2. › Construction
3. › Principles
4. › Correction of mistakes by construction
5. › Reference to repealed legislation in contract
6. › Whether reference absurd or clear mistake
7. › Whether reference to be construed as reference to replacement legislation
8. › Whether parties may be taken to have known of repeal as part of surrounding circumstances

Quick Take

The Court held that references to specific legislation in policy wordings will not be construed as extending to replacement legislation, and that insurers bear the risk of failing to update policy wordings to reflect legislative changes.