FERRCOM PTY LTD v INBUSH (NSW) PTY LTD and ANOR [1996] NSWCA 184

FERRCOM PTY LTD v INBUSH (NSW) PTY LTD and ANOR [1996] NSWCA 184

Ferrcom failed to establish that breach of duty by the brokers caused their loss; absent direct evidence, the court was not prepared to infer that Ferrcom would have obtained cover including overturning, particularly given subsequent acceptance of exclusionary policies. Therefore, causation was not established and the appeal was dismissed.

Parties
Appellant: Ferrcom Pty Ltd; Respondent: Inbush (NSW) Pty Ltd; Respondent: Mr Green; Cross Respondent: C E Heath
Jurisdiction
Australia
Judgment Date
06 December 1996
Procedural Posture
Appeal / Court of Appeal Decision Following High Court Referral and Trial Judgment
Outcome
Appeal dismissed; cross-claim dismissed.
Legal Topics
Damages, Causation, Duty of Care, Breach of Duty, Insurance Coverage
Insurance Law Tort Law Contract Law Damages Causation Duty of Care Breach of Duty Insurance Coverage

Case Brief

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Parties

Ferrcom Pty Ltd

Appellant

Inbush (NSW) Pty Ltd

Respondent

Mr Green

Respondent

C E Heath

Cross Respondent

Procedural Posture

Appeal / Court of Appeal Decision Following High Court Referral and Trial Judgment

Legal Issues

  1. 1 Whether Ferrcom Pty Ltd suffered loss as a result of breach of duty by the broker or agent
  2. 2 Whether the breach caused the alleged damage

Ratio Decidendi

Ferrcom failed to establish that breach of duty by the brokers caused their loss; absent direct evidence, the court was not prepared to infer that Ferrcom would have obtained cover including overturning, particularly given subsequent acceptance of exclusionary policies. Therefore, causation was not established and the appeal was dismissed.

Court Disposition

Appeal dismissed; cross-claim dismissed.

Orders

  • Appeal dismissed.
  • Cross-claim dismissed.