Selected Seeds Pty Ltd v QBEMM Pty Ltd

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, CRENNAN, KIEFEL AND BELL JJSELECTED SEEDS PTY LTD  APPELLANTANDQBEMM PTY LIMITED AND ORS  RESPONDENTSSelected Seeds Pty Ltd v QBEMM Pty Limited [2010] HCA 373 November 2010B16/2010ORDER1.        Appeal allowed with costs.2.Set aside the order of the Court of Appeal of the Supreme Court of Queensland made on 22 September 2009 and, in lieu thereof, order that the appeal to that Court be dismissed with costs.On appeal from the Supreme Court of QueenslandRepresentationB W Walker SC with R S Ashton and L S Reidy for the appellant (instructed by Carne Reidy Herd Lawyers)G A Thompson SC with K F Holyoak for the respondents (instructed by Barry & Nilsson)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSelected Seeds Pty Ltd v QBEMM Pty Limited Insurance – Product liability insurance – Insurance policy – Indemnity – Exclusion clause – Appellant seed merchant sold contaminated seed – Planting of seed by third party resulted in damage to property – Exclusion of liability caused by or arising from "the failure of any Product to correctly fulfil its intended use or function" – Proper construction of exclusion clause – Whether liability for damage arose out of failure of product to fulfil its intended use or function – Distinction between product failing to fulfil intended use or function and causing positive harm.Words and phrases – "intended use or function".FRENCH CJ, HAYNE, CRENNAN, KIEFEL AND BELL JJ.   The appellant, Selected Seeds...