Federal Court of Australia
Federal Court of Australia
Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited [2023] FCAFC 47 File number: NSD 36 of 2022
Judgment of: DERRINGTON, BUTTON AND JACKMAN JJ
Date of judgment: 28 March 2023
Catchwords: INSURANCE – construction and interpretation of policy – meaning of expression "location insured" in policy relating to large scale project for the construction of a length of highway – whether expression referred to whole of the project site or location where the insured loss or damage occurred
Legislation: Federal Court of Australia Act 1976 (Cth)
Cases cited: Liberty Mutual Insurance Company Australian Branch t/as Liberty Specialty Markets v Icon Co (NSW) Pty Ltd (2021) 396 ALR 193 Re Sigma Finance Corp (in administrative receivership) [2010] 1 All ER 571 Derrington & Ashton: The Law of Liability Insurance (LexisNexis, 3rd ed, 2013)
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 47
Date of hearing: 6 March 2023
Counsel for the Applicants: Mr MF Newton
Solicitor for the Applicants: Gilbert & Tobin
Counsel for the Respondents: Mr TW Marskell
Solicitor for the Respondents: Wotton & Kearney
ORDERS NSD 36 of 2022
BETWEEN: ACCIONA INFRASTRUCTURE AUSTRALIA PTY LTD ABN 52 140 915 251 First Applicant
FERROVIAL CONSTRUCTION (AUSTRALIA) PTY LTD ABN 98 150 820 116 Second Applicant
AND: ZURICH AUSTRALIAN INSURANCE LIMITED ABN 13 000 296 640 First Respondent
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