Bakerland Pty Ltd & Anor v Coleridge [2002] NSWCA 30

Bakerland Pty Ltd & Anor v Coleridge [2002] NSWCA 30

The insured failed to prove any loss in value for indemnity by the collapse because the value of the property after the event was higher. However, the insured proved an entitlement for the cost of removal of debris in the sum of $8,959 plus interest, properly recoverable pursuant to the policy endorsement.

Jurisdiction
Australia
Judgment Date
25 March 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
['storm Damage' 'collapse of Building' 'insurance Indemnity' 'debris Removal' 'evidentiary Rulings' 'interest on Damages' 'costs Orders']
['insurance'] ['storm Damage' 'collapse of Building' 'insurance Indemnity' 'debris Removal' 'evidentiary Rulings' 'interest on Damages' 'costs Orders']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether indemnity under the insurance policy was to be calculated based on the value of the building alone or together with the land' 'Whether the insured was worse off as a result of the collapse of the dome during the storm' 'Whether errors were made in evidentiary rulings at trial' 'Whether the insured proved the cost of removal of debris' 'Entitlement to interest on the awarded amount']

Ratio Decidendi

The insured failed to prove any loss in value for indemnity by the collapse because the value of the property after the event was higher. However, the insured proved an entitlement for the cost of removal of debris in the sum of $8,959 plus interest, properly recoverable pursuant to the policy endorsement.

Court Disposition

Appeal allowed in part

Orders

  • ['Set aside the verdict and judgment for the defendant against the plaintiffs and substitute verdict and judgment for the plaintiffs against the defendant for $30,388.93' "Set aside the order that the plaintiffs pay the defendant's costs; order that the plaintiffs pay three-quarters of the defendant's costs"...