Sphere Healthcare Pty Limited v Allianz Australia Insurance Limited [2023] NSWSC 1462

Sphere Healthcare Pty Limited v Allianz Australia Insurance Limited [2023] NSWSC 1462

Facts alleged by Allianz regarding the property's sale price post-fire do not of themselves establish absence of an indemnifiable property value loss; allegations could not logically support the conclusion sought and would lead to unnecessary factual inquiry not relevant to entitlement under the Policy. Leave to amend is refused.

Parties
First Plaintiff/respondent: Sphere Healthcare Pty Limited; Second Plaintiff/respondent: Yes Family Pty Ltd; Defendant/applicant: Allianz Australia Insurance Limited
Jurisdiction
Australia
Judgment Date
29 November 2023
Procedural Posture
Commercial Proceedings / Ruling on Motion for Leave to Amend Commercial List Response
Outcome
Leave to amend Commercial List Response refused
Legal Topics
Pleadings, Amendment of Pleadings, Property Insurance, Fire Damage, Indemnity
Civil Procedure Insurance Pleadings Amendment of Pleadings Property Insurance Fire Damage Indemnity

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Parties

Sphere Healthcare Pty Limited

First Plaintiff/respondent

Yes Family Pty Ltd

Second Plaintiff/respondent

Allianz Australia Insurance Limited

Defendant/applicant

Procedural Posture

Commercial Proceedings / Ruling on Motion for Leave to Amend Commercial List Response

Legal Issues

  1. 1 Whether Allianz should be granted leave to amend its Commercial List Response to allege no insurable loss based on post-fire sale price
  2. 2 Whether facts alleged (post-fire sale at higher price) are capable of showing no indemnifiable property value loss

Ratio Decidendi

Facts alleged by Allianz regarding the property's sale price post-fire do not of themselves establish absence of an indemnifiable property value loss; allegations could not logically support the conclusion sought and would lead to unnecessary factual inquiry not relevant to entitlement under the Policy. Leave to amend is refused.

Court Disposition

Leave to amend Commercial List Response refused

Orders

  • Allianz's Notice of Motion dismissed with costs
  • Parties to bring in short minutes to give effect to reasons