Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Austcorp Project No 20 Pty Ltd v LM Investment Management Ltd, in the matter of Bellpac Pty Ltd (receivers and managers appointed) (in liq) (No 2) [2014] FCA 44 Citation: Austcorp Project No 20 Pty Ltd v LM Investment Management Ltd, in the matter of Bellpac Pty Ltd (receivers and managers appointed) (in liq) (No 2) [2014] FCA 44
Parties: AUSTCORP PROJECT NO 20 PTY LTD ACN 111 470 726 and COMPROMISE CREDITORS MANAGEMENT PTY LIMITED ACN 122 143 220 v LM INVESTMENT MANAGEMENT LTD ACN 077 208 461, THE TRUST CO (PTAL) LIMITED ACN 008 412 913, TREVOR POGROSKI AND GRAHAM KILLER IN THEIR CAPACITIES AS JOINT AND SEVERAL RECEIVERS AND MANAGERS OF BELLPAC PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 101 713 017, AMLIN CORPORATE MEMBER LIMITED (UK COMPANY NO 02969411) TRADING AS AMLIN SYNDICATE 2001 AT LLOYD'S, DUAL AUSTRALIA PTY LTD ON BEHALF OF ARCH SYNDICATE 2012 and MARKEL CAPITAL LIMITED (UK COMPANY NO 03114572) TRADING AS MARKEL SYNDICATE 3000 AT LLOYD'S AND THE CHANNEL SYNDICATE LLP (UK COMPANY NO OC359898) TRADING AS CHANNEL SYNDICATE 2015 AT LLOYD'S
File number: NSD 186 of 2013
Judge: JACOBSON J
Date of judgment: 10 February 2014
Catchwords: INSURANCE – professional indemnity insurance – claims made policy – definition of "claim" and "counter-claim" – whether Commercial List Response in NSW Supreme Court proceedings constituted a "claim" to which the insurance policy responds – principles for determining whether insurer liable to indemnify
Cases cited: Austcorp Project No 20 Pty Ltd v LM Investment Management Ltd, in the matter of Bellpac Pty Ltd (receivers and managers appointed) (in liq) [2013] FCA 883 McCarthy v St Paul International Insurance Co Ltd (2007) 157 FCR 402 Murphy v Swinbank [1999] NSWSC 934 Myers v Simcoe & Erie General Insurance Co (1994) 18 OR (3d) 475 Myers v Simcoe & Erie General Insurance Co (1994) 115 DLR (4th) 607 Thorman v New Hampshire Insurance Co (UK) Ltd and Home Insurance Co [1988] 1 Lloyd's Rep 7 Derrington, The Law of Liability Insurance (3rd ed, LexisNexis Butterworths, 2013)
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