BARRIE TOEPFER EARTHMOVING AND LAND MANAGEMENT PTY LTD v CGU INSURANCE LTD AND OTHERS

[2016] Lloyd's Rep. IR Plus 25

NEW SOUTH WALES COURT OF APPEAL

Before Justice of Appeal Meagher, Justice of Appeal Ward and Associate Justice of Appeal Sackville

Insurance (motor liability) - Excavator being carried on low-loader colliding with bridge - Whether the assured was reckless - Whether the assured was in breach of a reasonable care condition - Burden of proof - Construction of reasonable care condition.