Recent Cases

Ulladulla Creative Images Pty Ltd ACN 089 098 073 v Ian Tibbles [2021] NSWCA 289 (29 November 2021) (Leeming, McCallum and Beech-Jones JJA)


Catchwords:


CONTACT – share sale agreement – business affected by fire before agreement – business made claims on insurance policies – whether amount received after agreement from insurer for uninsured losses caught by contractual clause – use of evidence of parties’ subjective intentions – primary judge erred in relying on evidence of intentions but construction nevertheless correct – appeal dismissed