High Court refuses to order specific performance of a contract of insurance in respect of an indemnity of liability for loss and damage sustained to a university premises as a result of a fire in 2010, on the grounds that the university was in breach of a crucial condition precedent to its insurance coverage by its failure to keep a suitably fully charged single fire extinguisher on site at the relevant time, in breach of the specific wording of the definitive clause to the contract between the parties.
Contract law - specific performance - insurance - indemnity in respect of losses suffered as a result of fire to university premises in 2010 - conditions precedent - procedural issues - running order - onus of proof - central issue of whether insurer is entitled to avail of an alleged breach of a condition entitling it to decline cover - evidence - fire extinguisher used by sub-contractor to plaintiff - works carried out on roof - narrative of event - loss adjuster's report - examination of defective extinguisher - notice of declinature issued - correspondence between parties - forensics report - facts as found - relevance of the presence, condition and suitability of fire extinguishers given point in time fire was discovered - condition precedent capable of escaping liability - onus of proof of breach of a condition - for defendant to prove on balance of probabilities that extinguisher was unsuitable - interpretation of applicable clause - 'matrix of fact' - plural term encompasses the singular - presence of one extinguisher capable of meeting contractual requirement - extinguisher present, suitable for use, but not fully charged - claim for specific performance of contract and ancillary reliefs dismissed.