Muc v AON Risk Services Australia [2007] FCA 1915

FEDERAL COURT OF AUSTRALIA

Muc v AON Risk Services Australia [2007] FCA 1915

KATARINA MUC, DAVID WARD SOMERFIELD, GREGORY HARRISON HEALY and JOANNA BROUWER, PEMPRO PTY LTD, TILTDALE PTY LIMITED, STANDCORP PTY LIMITED, DIAMOND PROPERTY PTY LIMITED, BULWICK PTY LIMITED v AON RISK SERVICES AUSTRALIA LIMITED, CGU INSURANCE LIMITED, VERO INSURANCE LIMITED (formerly Royal and Sun Alliance), GERLINE AUSTRALIAN INSURANCE CO PTY LIMITED, ALLIANZ AUSTRALIA INSURANCE LIMITED NSD 2555 OF 2006

ALLSOP J

30 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2555 OF 2006

BETWEEN: KATARINA MUC

First Applicant

DAVID WARD SOMERFIELD

Second Applicant

GREGORY HARRISON HEALY AND JOANNE BROUWER

Third Applicant

PEMPRO PTY LIMITED

Fourth Applicant

TILTDALE PTY LIMITED

Fifth Applicant

STANDCORP PTY LIMITED

Sixth Applicant

DIAMOND PROPERTY PTY LIMITED

Seventh Applicant

BULWICK PTY LIMITED

Eighth Applicant

AND: AON RISK SERVICES AUSTRALIA LIMITED

First Respondent

CGU INSURANCE LIMITED

Second Respondent

VERO INSURANCE LIMITED (formerly Royal and Sun Alliance)

Third Respondent

GERLING AUSTRALIAN INSURANCE CO PTY LIMITED

Fourth Respondent

ALLIANZ AUSTRALIA INSURANCE LIMITED

Fifth Respondent

JUDGE: ALLSOP J

DATE OF ORDER: 30 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to ss 20(5)(c) and 20(5)(d)(i) of the Federal Court of Australia Act 1976 (Cth), the application be dismissed. 2. The applicants to the proceeding pay the costs of the respondents to the proceeding (being the applicants on the notices of motion) of the motions on an indemnity basis. 3. To the extent that the respondents have incurred costs not otherwise covered by orders, the applicants pay the respondents' costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.