KD Morris & Sons Pty Ltd v GJ Coles & Co Ltd [1972] HCA 37

KD Morris & Sons Pty Ltd v GJ Coles & Co Ltd [1972] HCA 37

Clause 15(b) of the building agreement, upon its proper construction, did not oblige Coles to indemnify Morris against its legal liability to Cominos for damage to property owned by the latter; the clause was intended to exclude claims by Coles against Morris for damage to Coles' own interest in the structures, not to confer an indemnity for third-party claims.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Judgment
Outcome
appeal dismissed with costs
Legal Topics
['indemnity Clauses' 'insurance in Building Contracts' 'negligence' 'liability for Fire Damage']
['contract Law' 'tort Law'] ['indemnity Clauses' 'insurance in Building Contracts' 'negligence' 'liability for Fire Damage']

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Procedural Posture

Appeal / High Court Judgment

Legal Issues

  1. 1 ["Whether clause 15(b) of the building agreement obligated Coles to indemnify Morris against liability for damage to property owned by Cominos caused by fire resulting from Morris's negligence"]

Ratio Decidendi

Clause 15(b) of the building agreement, upon its proper construction, did not oblige Coles to indemnify Morris against its legal liability to Cominos for damage to property owned by the latter; the clause was intended to exclude claims by Coles against Morris for damage to Coles' own interest in the structures, not to confer an indemnity for third-party claims.

Court Disposition

appeal dismissed with costs

Orders

  • ['appeal dismissed with costs']