Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tropical Reef Shipyard Pty Ltd v QBE Insurance (Australia) Limited [2011] FCA 592 Citation: Tropical Reef Shipyard Pty Ltd v QBE Insurance (Australia) Limited [2011] FCA 592
Appeal from: Application for leave to appeal: Tropical Reef Shipyard Pty Ltd v QBE Insurance Australia Limited (No 3) [2010] FCA 1439
Parties: TROPICAL REEF SHIPYARD PTY LTD ACN 098 851 775 v QBE INSURANCE (AUSTRALIA) LIMITED ACN 003 191 035
File number: VID 100 of 2011
Judge: GRAY J
Date of judgment: 4 April 2011
Catchwords: APPEAL AND NEW TRIAL – leave to appeal – judgment for summary dismissal – judgment expressed to be by consent – claim for indemnity under business loss insurance policy – whether interpretation of policy justifying summary judgment open to doubt – whether judgment truly by consent – whether substantial injustice for insured to lose claim on policy without right of appeal – problems caused by attempting to take short cuts in resolving proceedings
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24, 24(1A), 31A, 31A(2) Federal Court Rules O 29
Cases cited: Harvey v Phillips (1956) 95 CLR 235 considered QBE Insurance (Australia) Limited v Tropical Reef Shipyard Pty Limited [2009] FCAFC 161 considered Tropical Reef Shipyard Pty Ltd v QBE Insurance (Australia) Limited [2009] FCA 1088 considered Tropical Reef Shipyard Pty Ltd v QBE Insurance (Australia) Ltd (No 2) [2010] FCA 1093 considered Tropical Reef Shipyard Pty Ltd v QBE Insurance Australia Limited (No 3) [2010] FCA 1439 considered Cloughton D, Riley on Business Interruption Insurance (8th ed, Sweet & Maxwell, 1999)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate