Catchwords:

PRACTICE AND PROCEDURE – application for leave to appeal from order answering separate questions – application for leave to appeal granted – appeal dismissed

INSURANCE – general products and liability policy – where applicant supplied defective aluminium plate to customers who incorporated that plate into marine vessels (and a water tank) by welding – where customers claimed the cost of rectification work incurred as a result of incorporating defective plate – whether claims by the customers were claims “for property damage” – meaning of “property damage” – where “property damage” relevantly defined as physical injury to tangible property – customers claims were “for property damage” – no error in primary judge’s answer to separate question or reasons

INSURANCE – construction of exclusion clause – exclusion of indemnity for claims for damages in relation to withdrawal, rectification and repair if product withdrawn from market or from use because of any known or suspected defect or deficiency therein – meaning of “if” – insurer’s liability not excluded – no error in primary judge’s answer to separate question or reasons