14 Nov 2011
BODY CORPORATE NO 200012 V EDEN VILLAGE LTD (IN LIQUIDATION) HC AK CIV-2006-404-1931
- Citation
- openlaw-1563875b_9fc0_4384_8cc1_0938fcc0a641.pdf
- Court
- High Court
The strike out application was declined because the respondents have put forward reasonably arguable factual and legal grounds that parts of the development may be separately identifiable products (not necessarily the head contractor's product), the meaning and effect of the products exclusion is ambiguous in this context, and the insuring wording ‘in respect of’ has wide import such that consequential losses, diminution in value and general damages are arguably within cover. Given the developing law and contested facts the high threshold for summary dismissal was not met and the claims m…