Recent Cases

Sydney Trains v Argo Syndicate AMA 1200 [2024] NSWCA 101 (07 May 2024) (Leeming and Payne JJA, Griffiths AJA)


INSURANCE – public liability – Sydney Trains held liable for personal injury sustained by commuter who slipped on tiles installed by insured – insured now deregistered – claim against insurer pursuant to s 601AG of Corporations Act 2001 (Cth) – claim against insurer confined to claim on implied term of contract – whether implied term to provide tiles of adequate slip resistance – whether term was breached – where expert evidence adduced at negligence trial not tendered in trial against insurer – whether inference that tile was of inadequate slip resistance available – whether breach of duty caused commuter to slip – whether evidence at trial established the tiles were wet – whether subsequent decision to reopen stairway broke chain of causation – whether insurance policy responded to claim – whether “occurrence” for purposes of policy was the installation of the tiles or the commuter’s personal injury – whether liability covered by policy extended to secondary liability for commuter’s personal injury – whether performance warranty exclusion applied