Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Certain Underwriters at Lloyd's Subscribing to Contract Number NCP106108663 v Aquagenics Pty Limited (in liquidation) [2018] FCAFC 9 Appeal from: Aquagenics Pty Limited (in liquidation) v Certain Underwriters at Lloyd's Subscribing to Contract Number NCP106108663 [2017] FCA 634 Aquagenics Pty Limited (in liquidation) v Certain Underwriters at Lloyd's Subscribing to Contract Number NCP106108663 (No 2) [2017] FCA 724
File number: TAD 25 of 2017
Judges: ALLSOP CJ, DOWSETT AND KERR JJ
Date of judgment: 2 February 2018
Catchwords: INSURANCE – professional indemnity insurance policy– claim arising from a dispute over design and construct contract – operation of the insuring clause – existence of a claim on the policy – whether claim arose out of a "wrongful act" as defined by the policy – whether "wrongful act" committed in the course of professional activities – whether exclusion engaged
Legislation: Insurance Contracts Act 1984 (Cth), s 54
Cases cited: Coopers Brewery Ltd v Panfida Foods Ltd (1992) 26 NSWLR 738 Drabsch v Switzerland General Insurance Co Ltd (unreported, Sup Ct, NSW, Santow J, 16 October 1996) Jeans v Commonwealth Bank of Australia Ltd [2003] FCAFC 309; 204 ALR 327 Junemill Ltd (in liq) v FAI General Insurance Company Ltd [1997] QCA 261; [1999] 2 Qd R 136
Date of hearing: 30 October 2017
Registry: Tasmania
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
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