Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AIG Australia Limited v Kaboko Mining Limited [2019] FCAFC 96 Appeal from: Kaboko Mining Limited v Van Heerden (No 3) [2018] FCA 2055
File number: WAD 54 of 2019
Judges: ALLSOP CJ, DERRINGTON AND COLVIN JJ
Date of judgment: 14 June 2019
Catchwords: INSURANCE - professional indemnity insurance - directors and officers liability policy - appeal from decision of primary judge on preliminary question - whether an insolvency exclusion precluded cover under the policy for the claims made by the first respondent - proper construction of the insolvency exclusion - whether the subject matter of the Claim must have the alleged insolvency link - appeal dismissed
Legislation: Corporations Act 2001 (Cth) ss 436A, 588G
Cases cited: Bond v Chief Executive, Department of Environment and Heritage Protection [2017] QCA 180; [2018] 2 Qd R 112 Halford v Price [1960] HCA 38; (1960) 105 CLR 23 Kaboko Mining Ltd v Noble Resources International Pte Ltd [2015] WASC 67 Kelly v The Queen [2004] HCA 12; (2004) 218 CLR 216 Onley v Catlin Syndicate Ltd as the Underwriting Member of Lloyd's Syndicate 2003 [2018] FCAFC 119 Rexel Electrical Supplies Pty Limited v Mentha (Administrator) in the matter of ACN 004 410 833 Limited (formerly Arrium Limited) [2018] FCAFC 229
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