Cutting Edge Services Pty Ltd v Raymond & Therese Penfold; Raymond & Therese Penfold v The Hollard Insurance Company Pty Ltd [2021] NSWSC 1322 — Breach & Damages — Barrister AI

Cutting Edge Services Pty Ltd v Raymond & Therese Penfold; Raymond & Therese Penfold v The Hollard Insurance Company Pty Ltd

[2021] NSWSC 1322

Supreme Court of NSW

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Interrogate

Catchwords

1. Negligence
2. › Breach
3. › destruction of railway sleepers by fire
4. › fire caused by use of arc welder in paddock in summer
5. › where defendant was a farmer and firefighter of 30 years’ experience
6. › whether expert evidence required to establish precautions a reasonable person in defendant’s position would have taken
7. › held, expert evidence not required
8. › precautions a question of common sense
1. Negligence
2. › Damages
3. › where plaintiff claimed much larger number of sleepers were present on the property than it paid for
4. › where value of sleepers dependent on grade
5. › where plaintiff claimed 47% of sleepers were redundant broken/part sleepers
6. › whether quality can be established by reference to sleepers stored at another facility
1. Negligence
2. › Defences
3. › Contributory negligence
4. › where defendant told plaintiff to move sleepers to allow for construction of a firebreak
5. › where plaintiff refused
6. › held, plaintiff was contributorily negligent
1. Insurance
2. › Insurance Contracts Act 1984 (Cth)
3. › dispute over relevant PDS
4. › whether s 58 of the Act required insurer to prove service of the PDS
5. › where PDS was available on request and defendants’ evidence was that they did not know whether a later or earlier PDS applied
6. › construction of exclusion clause
7. › whether property in defendants’ physical or legal control
8. › where property stored on defendants’ property

Case Details

Citation[2021] NSWSC 1322

CourtNSWSC

JurisdictionNew South Wales

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Relies on44

2020MOS Beverages Pty Ltd v Insurance Australia Ltd trading as CGU InsuranceFCA 1716
2018Onley v Catlin Syndicate Ltd as the Underwriting Member of Lloyd's Syndicate 2003FCAFC 119
2018Benson v Rational Entertainment Enterprises Ltd (No 2)NSWCA 148
2018Bunnings Group Ltd v GiudiceNSWCA 144
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