Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ensham Resources Pty Limited v Aioi Insurance Company Limited [2012] FCAFC 191 Citation: Ensham Resources Pty Limited v Aioi Insurance Company Limited [2012] FCAFC 191
Appeal from: Application for leave to appeal: Ensham Resources Pty Limited v AIOI Insurance Company Limited [2012] FCA 710
Parties: ENSHAM RESOURCES PTY LIMITED ACN 011 048 678 v AIOI INSURANCE COMPANY LIMITED ARBN: 096 302 466, MITSUI SUMITOMO INSURANCE COMPANY LIMITED ARBN: 000 525 637, SOMPO JAPAN INSURANCE INC ARBN: 000 837 801, TOKIO MARINE & NICHIDO FIRE INSURANCE COMPANY LIMITED ARBN: 000 438 291 and NISSAY DOWA GENERAL INSURANCE CORPORATION LIMITED
File number: NSD 1023 of 2012
Judges: LANDER, buchanan and jagot jJ
Date of judgment: 21 December 2012
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal interlocutory orders – whether decision at first instance attended with sufficient doubt to warrant reconsideration by Full Court – whether substantial injustice would result if leave were refused supposing decision at first instance to be wrong PRIVILEGE – legal professional privilege – litigation privilege – whether reports provided by loss adjuster subject to legal professional privilege – whether reports created when litigation reasonably anticipated – whether reports created for the dominant purpose of use in reasonably anticipated litigation
Legislation: Evidence Act 1995 (Cth), pt 3.10, div 1 Federal Court of Australia Act 1976 (Cth), s 37N Federal Court Rules 2011, r 35.12(2)(d) Insurance Contracts Act 1984 (Cth), s 13
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