Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Macquarie Underwriting Pty Ltd v Permanent Custodians Limited [2006] FCA 1291
INSURANCE – application for leave to appeal decision to join insurers to proceedings pursuant to s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) – submission of complete defence under policies – sufficient doubt as to whether construction of first policy reasonably arguable – sufficient doubt as to whether reasonably arguable that insurers not entitled to rely on exclusion clause in second policy – whether exclusion clause a "disclosure" clause for the purposes of s 33 of the Insurance Contracts Act 1984 (Cth) – leave to appeal granted
Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 6 Insurance Contracts Act 1984 (Cth) s 33 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited FAI General Insurance Co Limited v McSweeney (1999) 10 ANZ Insurances Cases 61-443 cited Fishwives Pty Ltd v FAI General Insurance Co Ltd (2002) 12 ANZ Insurance Cases 61-515 cited National Mutual Property Services (Australia) Pty Ltd v Citibank Savings Ltd (1996) 138 ALR 409 cited Pech v Tilgals (1994) 94 ATC 4206 cited Permanent Custodians Limited v ARMA Pty Limited (No 2) [2006] FCA 847 leave to appeal granted Permanent Custodians Limited v ARMA Pty Ltd [2006] FCA 640 considered Permanent Trustee Australia Limited v FAI General Insurance Company Limited (1988) 153 ALR 529 cited MACQUARIE UNDERWRITING PTY LTD AND SVB SYNDICATES LIMITED v PERMANENT CUSTODIANS LIMITED (ACN 001 426 384), ARMA PTY LIMITED (ACN 010 889 899) AND NEIL TEVES NSD 1335 OF 2006
BENNETT J
28 SEPTEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1335 OF 2006
BETWEEN: MACQUARIE UNDERWRITING PTY LTD
First Applicant
SVB SYNDICATES LIMITED
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