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ARTICLE · 21 DECEMBER 2016

Residential Focus - 14 December 2016

Holding Redlich
Holding Redlich
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Holding Redlich

Holding Redlich

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The newsletter includes links to media releases, reports, cases and other issues relating to residential property in NSW.

AustraliaReal Estate and Construction
Daniella Ivanoska
Daniella Ivanoska
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Allianz Australia Insurance Limited v Dinov [2016] NSWDC 342

The defendants had each signed a deed of indemnity (the Deeds) by which they each agreed to indemnify the home warranty insurer (the Plaintiff) for all loss, damage, costs, charges or other liabilities arising under a policy of home warranty insurance issued in 2002 in respect of work carried out by Great Wall Constructions Pty Ltd (Great Wall) at Lilyfield.

In 2009, the successors in title to the Lilyfield property claimed under the policy. By that time, Great Wall had been deregistered. The Plaintiff accepted liability under the policy for part of the claim and entered into terms of settlement with the successors in title for a third party builder to undertake the accepted remedial works. Relying on the Deeds, the Plaintiff demanded payment from each of the Defendants for the costs incurred. The Defendants failed to pay the amounts claimed by the Plaintiff. The Plaintiff claimed damages for breach of

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