9 Dec 2008
BODY CORPORATE NO.205963 AND ANOR V LEUSCHKE GROUP ARCHITECTS LIMITED (IN LIQUIDATION) AND ANOR HC AK CIV 2006-404-5572
- Citation
- openlaw-91d4a924_8cff_4819_887c_f48410b9e9c1.pdf
- Court
- High Court
Clause 2.04 is ambiguous as to whether 'system' and the bracketed phrase apply to 'exterior cladding'. Applying ordinary meaning and industry usage, 'exterior cladding' is not to be read as 'exterior cladding system' and the bracketed phrase 'and any associated waterproofing treatment and flashings' modifies 'roofing system' only. Because of the genuine ambiguity the clause is construed for the insured. Accordingly clause 2.04 does not exclude liability for the four specified categories of water ingress and the insurer must indemnify Leuschke in respect of those matters.