The NSW Court of Appeal has just delivered its judgment in the joint ICA and AFCA endorsed BI test case relating to the Quarantine Act. A copy of the judgment can be viewed here.
The court has made the following declarations:
1. Summons dismissed.
2. Declarations that:
- On the proper construction of the “Tourist Parks & Lifestyle Villages Insurance Policy” issued by the first plaintiff to the first, second, and third defendants for the cover period 28 February 2020 to 28 February 2021, COVID-19 is not a disease declared to be a quarantinable disease under the Quarantine Act 1908 (Cth) and the exclusion in the HDI Disease Benefit is not enlivened.
- On the proper construction of the “Business Insurance Policy” issued by the second plaintiff to the fourth defendant for the cover period 11 May 2019 to 11 May 2020, COVID-19 is not a disease declared to be a quarantinable disease under the Quarantine Act 1908 (Cth) and the exclusion in the Hollard Disease Cover is not enlivened.
3. Cross-claim is otherwise dismissed.