Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aftermarket Network Australia Pty Ltd v Certain underwriters at Lloyd's subscribing to Policy No 6482/13(C)-13087 [2016] FCA 1402 File number: VID 982 of 2016
Judge: ALLSOP CJ
Date of judgment: 24 November 2016
Catchwords: INSURANCE – share sale agreement – buyer warranty and indemnity insurance policy – construction and interpretation of insurance contracts – construction of commercial change of control provision – operation of s 10 of the Insurance Contracts Act 1984 (Cth)
Legislation: Corporations Act 2001 (Cth), s 50 Insurance Contracts Act 1984 (Cth), ss 10, 14, 54 Explanatory Memorandum to the Insurance Contracts Bill 1984
Cases cited: 470 St Kilda Road v Robinson [2013] FCA 1420; 308 ALR 411 Chubb Insurance Company of Australia Limited v Robinson [2016] FCAFC 17; 239 FCR 300 Kent v SS "Maria Luisa" (No 2) [2003] FCAFC 93; 130 FCR 12 Tisand Pty Ltd and Others v The Owners of the Ship MV "Cape Moreton" (ex "Freya") [2005] FCAFC 68; 143 FCR 43 Todd v Alterra at Lloyds Ltd (on behalf of the underwriting members of Syndicate 1400) [2016] FCAFC 15; 239 FCR 12 Yanner v Eaton [1999] HCA 53; 201 CLR 351 Australian Law Reform Commission, Insurance Contracts Report, Report 20 (1982)
Date of hearing: 26 October 2016
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance Insurance List
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