Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds [2016] FCA 1 File number: NSD 902 of 2014
Judge: FOSTER J
Date of judgment: 5 January 2016
Catchwords: INSURANCE – whether, having regard to the terms of the relevant policy of boat insurance and the events which happened, s 54(1) of the Insurance Contracts Act 1984 (Cth) was engaged so as to deny to an insurer any entitlement to rely upon a provision in the said policy pursuant to which cover would be suspended whenever the insured boat intended to leave Australian waters and cleared Australian Customs and Immigration for that purpose in order to refuse to pay a claim for indemnity in respect of the total loss of a luxury yacht at a place which was within Australian waters but at a time when, according to the policy, cover was suspended – whether an insurer can rely upon the beneficial consequences of the engagement of s 54(1) in respect of a claim for such loss in making a claim for contribution based upon the principles of dual insurance against the insurer which was required to indemnify its insured as a result of the application of s 54(1) of the said Act
Legislation: Insurance Contracts Act 1984 (Cth), s 54
Cases cited: Albion Insurance Co Ltd v Government Insurance Office (NSW) (1969) 121 CLR 342 Antico v Heath Fielding Australia Pty Ltd (1997) 188 CLR 652 East End Real Estate Pty Ltd (t/as City Living) v C E Heath Casualty & General Insurance Ltd (1991) 25 NSWLR 400 FAI General Insurance Co Ltd v Australian Hospital Care Pty Ltd (2001) 204 CLR 641 FAI General Insurance Co Ltd v Perry (1993) 30 NSWLR 89 Greentree v FAI General Insurance Co Ltd (1998) 44 NSWLR 706 HIH Claims Support Ltd v Insurance Australia Ltd [2009] VSC 434; (2009) 15 ANZ Insurance Cases 61-824 HIH Claims Support Ltd v Insurance Australia Ltd (2011) 244 CLR 72 Johnson v Triple C Furniture & Electrical Pty Ltd [2012] 2 Qd R 337 Maxwell v Highway Hauliers Pty Ltd (2014) 252 CLR 590 Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (1998) 44 NSWLR 186 Prepaid Services Pty Ltd v Atradius Credit Insurance NV (2013) 302 ALR 732
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