Federal Court of Australia
Federal Court of Australia
Dural 24/7 Pty Ltd v Certain Underwriters at Lloyd's of London [2022] FCAFC 147 Appeal from: Certain Underwriters at Lloyd's of London v Dural 24/7 Pty Ltd [2022] FCA 206
File number: NSD 247 of 2022
Judgment of: ALLSOP cj, LEE AND STEWART JJ
Date of judgment: 31 August 2022
Catchwords: INSURANCE – appeal from a declaration made that references to quarantinable diseases under Quarantine Act 1908 (Cth) should be construed as listed human diseases under Biosecurity Act 2015 (Cth) – construction of the policy – conformity clause does not mean that the limitation on Extension 7 includes human diseases listed under the Biosecurity Act – policy contains clause providing "references to a statute law also includes all its amendments or replacements"– construction of the words "statute law" and "replacements"– words are general and are in aid of a general purpose: maintenance of currency of policy wording – appeal dismissed
Legislation: Biosecurity Act 2015 (Cth) s 13(1)(ca) Insurance Contracts Act 1984 (Cth) Privacy Act 1988 (Cth) Quarantine Act 1908 (Cth) (repealed) Property Law Act 1958 (Vic) s 61A
Cases cited: HDI Global Specialty SE v Wonkana No 3 Pty Ltd [2020] NSWCA 296; (2020) 104 NSWLR 634 LCA Marrickville Pty Limited v Swiss Re International SE [2022] FCAFC 17 Swiss Re International SE v LCA Marrickville Pty Limited (Second COVID‑19 insurance test cases) [2021] FCA 1206
Division: General Division
Registry: New South Wales
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