Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Pipe & Tube Pty Ltd v QBE Insurance (Australia) Limited [2015] FCA 1135 Citation: Australian Pipe & Tube Pty Ltd v QBE Insurance (Australia) Limited [2015] FCA 1135
Parties: AUSTRALIAN PIPE & TUBE PTY LTD (ABN 37 132 646 336) and INDEPENDENT TUBE MILLS PTY LTD (IN LIQUIDATION) (ABN 52 136 627 186) v QBE INSURANCE (AUSTRALIA) LIMITED (ABN 78 003 191 035)
File number: VID 527 of 2015
Judge: BEACH J
Date of judgment: 23 October 2015
Catchwords: INSURANCE – construction of policy – separate or preliminary question – utility of such a procedure – jurisdiction – s 39B(1A)(c) of Judiciary Act 1903 (Cth) – Insurance Contracts Act 1984 (Cth) PRACTICE AND PROCEDURE – leave to proceed against company in liquidation – s 500(2) of Corporations Act 2001 (Cth) – equitable assignment of policy – necessary party – application granted
Legislation: Corporations Act 2001 (Cth) s 500(2) Federal Court Rules 2011 (Cth) r 9.05 Judiciary Act 1903 (Cth) s 39B(1A)(c) Property Law Act 1958 (Vic) s 134
Cases cited: CGU Insurance Limited v One.Tel Limited (in liquidation) (2010) 242 CLR 174 One.Tel (in liq) v Watson [2009] NSWCA 282 Swaby v Lift Capital Partners Pty Ltd (2009) 72 ACSR 627 Truthful Endeavour Pty Ltd v Condon (as trustee of the bankrupt estate of Rayhill) (2015) 321 ALR 483 Weddell v JA Pearce & Major [1988] 1 Ch 26
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