Aquagenics Pty Limited (in liquidation) v Certain Underwriters at Lloyd's Subscribing to Contract Number NCP106108663 [2017] FCA 634

FEDERAL COURT OF AUSTRALIA

Aquagenics Pty Limited (in liquidation) v Certain Underwriters at Lloyd's Subscribing to Contract Number NCP106108663 [2017] FCA 634 File number: TAD 57 of 2015

Judge: DAVIES J

Date of judgment: 5 June 2017

Catchwords: CONTRACT – insurance contract for indemnity – whether any claim made on the insured for the purpose of the policy – whether any claim made arose out of any "wrongful act" as defined by the policy – whether the insured was legally obliged to pay amounts that were as a result of a claim made on the insured for the purpose of the policy – whether any part of the claim excluded under the policy – if the insured is successful, from what date should interest run

Legislation: Insurance Contracts Act 1984 (Cth), s 57

Cases cited: Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Dickinson v Motor Vehicle Insurance Trust [1987] HCA 49; (1987) 163 CLR 500 Government Insurance Office of NSW v RJ Green and Lloyd Pty Ltd [1966] HCA 6; (1966) 114 CLR 437 Junemill Ltd (in liq) v FAI General Insurance Company Ltd [1999] 2 Qd R 136 Kooragang Cement Pty Ltd v Bates (1994) 35 NSWLR 452 McCarthy v St Paul International Insurance Co Ltd [2007] FCAFC 28; (2007) FCR 402 Mutual Export Corp v Asia Australian Express Ltd (The Lakatoi Express) (1990) 19 NSWLR 285 Nangus Pty Ltd v Charles Donovan Pty Ltd [1989] VR 184 Perpetual Trustee Company Ltd v CTC Group Pty Ltd (No. 2) [2013] NSWCA 58 Smart v AAI Ltd [2015] NSWSC 392 Todd v Alterra [2016] FCAFC 15; (2016) 239 FCR 12 Zurich Australian Insurance Ltd v Regal Pearl Pty Ltd [2006] NSWCA 328; (2007) 14 ANZ Ins Cas 61-715