Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aquagenics Pty Limited (in liquidation) v Certain Underwriters at Lloyd's Subscribing to Contract Number NCP106108663 (No 2) [2017] FCA 724 File number: TAD 57 of 2015
Judge: DAVIES J
Date of judgment: 23 June 2017
Catchwords: PRACTICE AND PROCEDURE – form of final orders – whether the applicant should have its costs paid on an indemnity basis – whether the respondents were acting unreasonably in rejecting the Calderbank offer
Legislation: Insurance Contracts Act 1984 (Cth)
Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2011] FCAFC 141 CGU Insurance Ltd v Corrections Corporation of Australia Staff Superannuation Plan Pty Ltd [2008] FCAFC 173; (2009) 15 ANZ Insurance Cases 61-785
Date of hearing: Determined on the papers
Date of last submissions: 20 June 2017
Registry: Tasmania
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 7
Counsel for the Applicant: S B McElwaine SC
Solicitor for the Applicant: Shaun McElwaine & Associates
Counsel for the Respondents: P A Horvath
Solicitor for the Respondents: Norton Rose Fulbright Australia
ORDERS TAD 57 of 2015
BETWEEN: AQUAGENICS PTY LIMITED (ACN 002 398 969) (IN LIQUIDATION) Applicant
AND: CERTAIN UNDERWRITERS AT LLOYD'S SUBSCRIBING TO CONTRACT NUMBER NCP106108663 Respondents
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