Federal Court of Australia
ATTENTION: Please note that due to an IT error a formatting mistake appeared in this judgment at para 10, which was not reflective of the actual judgment as delivered in Court on November 8 2016. That error has now been resolved. The judgment as currently contained on this page should be referred to as the correct copy of the judgment as delivered.
FEDERAL COURT OF AUSTRALIA
Watkins Syndicate 0457 at Lloyds v Pantaenius Australia Pty Ltd [2016] FCAFC 150 Appeal from: Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds [2016] FCA 1
File number: NSD 118 of 2016
Judges: ALLSOP CJ, RARES AND BESANKO JJ
Date of judgment: 8 November 2016
Catchwords: INSURANCE - operation of s 54 of Insurance Contracts Act 1984 (Cth) on claim for contribution between the insurers where the second policy would respond to claim by insured invoking s 54whether s 54 applied to the claim by the insuredwhether the operation of s 54 meant the appellant was not able to refuse to pay the claim made by the insuredwhether the respondent insurer could set up putative liability of the appellant to the insured as a basis for a claim for contribution by it
Legislation: Insurance Contracts Act 1984 (Cth), ss 9A, 54 Marine Insurance Act 1909 (Cth)
Cases cited: Albion Insurance Co Ltd v Government Insurance Office (NSW) [1969] HCA 55;121 CLR 342 Allianz Australia Insurance Ltd v Inglis [2016] WASCA 25 Antico v Heath Fielding Australia Pty Ltd [1997] HCA 35; 188 CLR 652 East End Real Estate Pty Ltd (t/as City Living) v C E Heath Casualty & General Insurance Ltd (1991) 25 NSWLR 400 FAI General Insurance Co Ltd v Australian Hospital Care Pty Ltd [2001] HCA 38; 204 CLR 641 FAI General Insurance Co Ltd v Perry (1993) 30 NSWLR 89 HIH Claims Support Limited v Insurance Australia Limited [2011] HCA 31; 244 CLR 72 Johnson v Triple C Furniture & Electrical Pty Ltd [2010] QCA 282; [2012] 2 Qd R 337 Maxwell v Highway Hauliers Pty Ltd [2013] WASCA 115; 45 WAR 297 Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33; 252 CLR 590 Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds [2016] FCA 1 Prepaid Services Pty Ltd v Atradius Credit Insurance NV [2013] NSWCA 252; 302 ALR 732 Australian Law Reform Commission, Insurance Contracts Report, Report 20 (1982) Mustill MJ and Gilman JCB, Arnould's Law of Marine Insurance and Average (Vol 1, 16th ed, Stevens & Sons, 1981) Gilman J, Merkin R, Blanchard C and Templeman M, Arnould: Law of Marine Insurers and Average (18th ed, Sweet & Maxwell, 2008)
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