Besselink Bros Pty Limited v Citra Constructions Pty Limited [1984] FCA 498

Besselink Bros Pty Limited v Citra Constructions Pty Limited [1984] FCA 498

Clause 9 was not an exclusion clause but imposed a positive obligation on the appellant to obtain insurance for the builder's liabilities, regardless of the builder's own insurance arrangements or cooperation being solicited.

Parties
Appellant (cross Respondent): Besselink Bros. Pty. Limited; Respondent (cross Appellant): Citra Constructions Pty. Limited
Jurisdiction
Australia
Judgment Date
31 October 1984
Procedural Posture
Appeal / Federal Court on Appeal From the Supreme Court of the Australian Capital Territory
Outcome
Appeal dismissed. Cross-appeal dismissed.
Legal Topics
Construction of Insurance Clauses, Exclusion Clauses, Indemnity, Liability in Employment Accident
Contract Law Tort Law Insurance Law Construction of Insurance Clauses Exclusion Clauses Indemnity Liability in Employment Accident

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Besselink Bros. Pty. Limited

Appellant (cross Respondent)

Citra Constructions Pty. Limited

Respondent (cross Appellant)

Procedural Posture

Appeal / Federal Court on Appeal From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 Whether the appellant failed to effect insurance as required by contract clause 9
  2. 2 Whether clause 9 is an exclusion clause construed against the builder
  3. 3 Whether appellant could be liable for not insuring the builder's liabilities

Ratio Decidendi

Clause 9 was not an exclusion clause but imposed a positive obligation on the appellant to obtain insurance for the builder's liabilities, regardless of the builder's own insurance arrangements or cooperation being solicited.

Court Disposition

Appeal dismissed. Cross-appeal dismissed.

Orders

  • The appeal be dismissed.
  • The cross-appeal be dismissed.