Hopkins v AECOM Australia Pty Ltd (No 4) [2015] FCA 307

FEDERAL COURT OF AUSTRALIA Hopkins v AECOM Australia Pty Ltd (No 4) [2015] FCA 307 Citation: Hopkins v AECOM Australia Pty Ltd (No 4) [2015] FCA 307

Parties: STEPHEN HOPKINS AS TRUSTEE FOR THE HOPKINS SUPERANNUATION FUND and KIM DENISE HOPKINS AS TRUSTEE FOR THE HOPKINS SUPERANNUATION FUND v AECOM AUSTRALIA PTY LTD ACN 093 846 925, RIVERCITY MOTORWAY MANAGEMENT LTD (ADMINISTRATORS APPOINTED) ACN 117 343 361 and RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 117 139 992; AECOM AUSTRALIA PTY LTD ACN 093 846 925 v PARTIES IN ATTACHED SCHEDULE B

File number: NSD 757 of 2012

Judge: NICHOLAS J

Date of judgment: 2 April 2015

Catchwords: PRACTICE AND PROCEDURE – whether overseas insurer should be joined as additional respondent to proceeding brought by applicants against insured – whether leave to commence proceeding against insurer should be given pursuant to s 6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) (LR(MP) Act) – where policy governed by Dutch law – where arbitration between insured and insurer taking place in Netherlands in accordance with arbitration clause in policy INSURANCE – whether s 6 of LR(MP) Act is a State law picked up by s 79 of the Judiciary Act 1903 (Cth) – whether s 6 of LR(MP) Act may apply in circumstances where impugned conduct of insured occurred prior to inception of policy – nature of applicants' loss and damage – time of accrual of applicants' causes of action against insured

Legislation: Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 6 Federal Court Rules 2011 (Cth) r 10.42, r 10.43 Federal Court Rules 1979 (Cth) O 8, r 2(2) International Arbitration Act 1974 (Cth) s 7 Corporations Act 2001 (Cth) ss 511, 562(1), 1022B Judiciary Act 1903 (Cth) s 79