Supreme Court - Trial Division

Bigby v Kondra & Anor [2017] QSC 037 (13/7798) Daubney J 14 March 2017

Full-text: QSC17-037.pdf


TORTS – NEGLIGENCE – PROFESSIONS AND TRADES – BUILDERS – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – REASONABLE FORESEEABILITY OF DAMAGE – GENERALLY – Where the plaintiffs’ house suffered damage through improperly installed windows producing internal pressure – where the windows were not adequately secured for weather conditions which occurred – where the windows were installed by a third party – where there was a contractual duty on the first defendant to supervise construction of the house – whether the first defendant failed to adequately supervise the construction of the house – whether the first defendant’s duty to supervise could be satisfied by reliance on the third party contractor

INSURANCE – GENERALLY – THE POLICY – CONDITIONS, WARRANTIES AND EXCEPTIONS – EXCLUSION CLAUSES – where the first defendant held a policy of insurance with the second defendant – where the first defendant assigned rights to indemnity under the policy to the plaintiffs – whether the plaintiffs’ house was an occurrence in connection with the first defendant’s business – whether the damage to the plaintiffs’ house was a the product of the first defendant