BI (Contracting) Pty Ltd V AW Baulderstone Pty Ltd [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] NSWCA 173. The case will impact on the drafting of indemnity and exclusion clauses in Australian contracts because a new approach is now being taken. The principal issue on the appeal was the proper construction of the indemnity clause in the building contract entered into between BI (Contacting) and Baulderstone. The second issue was whether or not there had been a contract between BI (Contacting) and Baulderstone in the terms alleged by Baulderstone. Held: appeal dismissed. Indemnity clauses will be construed in the context of the contract as a whole. If broadly drafted, the indemnity clause will cover negligence. If there is any ambiguity, the clause will be construed in favour of the party providing the indemnity. The approach adopted by the courts in Andar Transport Pty v Brambles Ltd applied.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 143259-1001 |
[2007] NSWCA 173. The case will impact on the drafting of indemnity and exclusion clauses in Australian contracts because a new approach is now being taken. The principal issue on the appeal was the proper construction of the indemnity clause in the building contract entered into between BI (Contacting) and Baulderstone. The second issue was whether or not there had been a contract between BI (Contacting) and Baulderstone in the terms alleged by Baulderstone. Held: appeal dismissed. Indemnity clauses will be construed in the context of the contract as a whole. If broadly drafted, the indemnity clause will cover negligence. If there is any ambiguity, the clause will be construed in favour of the party providing the indemnity. The approach adopted by the courts in Andar Transport Pty v Brambles Ltd applied.