Maxwell v. Highway Hauliers Pty Ltd (ACN 008 863 214)

Lower Court Judgment

6/05/2013 Supreme Court of Western Australia (Court of Appeal) (McLure P, Pullin JA, Murphy JA)

[2013] WASCA 115

Catchwords

Insurance – Insurance Contracts Act 1984 (Cth) s 54 – Insurance contract covered accidental damage to Respondent's trucks and trailers – Claims made by Respondent for damage to vehicles being driven by drivers who had not satisfactorily completed driver test as required by insurance contract – Failure to complete test did not cause or contribute to loss – Whether Respondent's failure to comply with insurance contract constituted inherent restriction or limitation upon the scope of cover provided by Appellant – Whether Appellant obliged to indemnify Respondent by reason of s 54(1) – Whether court below erroneously considered interpretative approach taken in Johnson v Triple C.

Short Particulars