Vitale v Allianz Australia Insurance Ltd [2014] NSWCA 358

Vitale v Allianz Australia Insurance Ltd [2014] NSWCA 358

Leave to raise the argument not raised at trial was refused because, if it had been raised, the respondent may have adduced further evidence; therefore, the appeal must be dismissed.

Parties
First Appellant: Anthony Vitale; Second Appellant: Giuliana Vitale; Respondent: Allianz Australia Insurance Ltd
Jurisdiction
Australia
Judgment Date
23 October 2014
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Indemnity, Home Building Warranty Insurance, Statutory Warranties, Unconscionable Conduct, Pleading Requirements
Insurance Law Building and Construction Law Civil Procedure Indemnity Home Building Warranty Insurance Statutory Warranties Unconscionable Conduct Pleading Requirements

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Parties

Anthony Vitale

First Appellant

Giuliana Vitale

Second Appellant

Allianz Australia Insurance Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether leave should be granted to appellants to rely on an argument not raised at trial
  2. 2 Whether the respondent proved the quantum of each claim indemnified under the Deeds of Indemnity
  3. 3 Whether indemnity is limited to $200,000 per claim under Deed of Indemnity

Ratio Decidendi

Leave to raise the argument not raised at trial was refused because, if it had been raised, the respondent may have adduced further evidence; therefore, the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appellants to pay the respondent's costs of the appeal