• Duty of Utmost Good Faith - No Breach by Zurich in Manner in Which It Avoided Cover - On 21 December 2023, the decision of ASIC v Zurich Australia Limited (No 2) was handed down. The court found that Zurich did not breach its duty of utmost good faith in the process it adopted in avoiding the insured’s cover for fraud.
• When will a Calderbank Offer Amount to a Genuine Compromise? Supreme Court of NSW Considers a Defendant’s Entitlement to Indemnity Costs in a Contract for Sale of Land Dispute - On or around 15 February 2021, a contract for the sale of land located at Tanja, NSW was formed between two plaintiff purchasers and a defendant vendor. Prior to the contract being completed, a notice purporting to rescind the contract was served on the plaintiffs declaring that the defendant vendor was a mentally ill person. The plaintiffs then sought to enforce the contract, seeking declaratory relief and specific performance.