Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
QBE Insurance (Australia) Limited v Tropical Reef Shipyard Pty Limited [2009] FCAFC 161 PRACTICE AND PROCEDURE – Application for leave to appeal – No substantial injustice if leave not granted supposing the decision wrong – Determination of separate question before trial not appropriate – Mixed question of fact and law not capable of resolution without all relevant facts found or admitted – Resolution of separate question would not lead to judgment in favour of insurer as insurer claimed – Answer to question would not affect evidence to be led at trial and might be reconsidered by the trial judge in light of evidence and other matters – Leave to appeal denied Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Jacobson v Ross [1995] 1 VR 337 Bass v Permanent Trustee Company Limited (1999) 198 CLR 334; [1999] HCA 9 Tropical Reef Shipyard Pty Ltd v QBE Insurance (Australia) Limited [2009] FCA 1088 Bofinger v Kingsway Group Ltd (2009) 260 ALR 71 QBE INSURANCE (AUSTRALIA) LIMITED (ACN 003 191 035) v TROPICAL REEF SHIPYARD PTY LIMITED (ACN 098 851 775)
VID 779 of 2009
KENNY, GORDON AND JAGOT JJ
12 NOVEMBER 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
victoria DISTRICT REGISTRY VID 779 of 2009
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL COURT
BETWEEN: QBE INSURANCE (AUSTRALIA) LIMITED
(ACN 003 191 035)
AND: TROPICAL REEF SHIPYARD PTY LIMITED
(ACN 098 851 775)
JUDGEs: kenny, gordon and jagot jj
DATE OF ORDER: 12 november 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The motion for leave to appeal, notice of which is dated 26 October 2009, be dismissed. 2. The parties file and serve any written submission in respect of costs within seven (7) days, failing which each party pay its own costs of and in connection with the motion referred to in paragraph [1] above. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
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