Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
QBE Insurance Australia Limited v Allianz Australia Insurance Limited (No 2) [2020] FCA 707 File number: NSD 715 of 2019
Judge: ALLSOP CJ
Date of judgment: 22 May 2020
Cases cited: Floruit Holdings Pty Ltd v Sebastian [2009] NSWCA 411 Petar v Macedonian Orthodox Community Church St Petka Inc (No 2) [2007] NSWCA 142 QBE Insurance Australia Limited v Allianz Australia Insurance Limited [2020] FCA 589
Date of hearing: Determined on the papers
Date of last submissions: 20 May 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance – Insurance List
Category: No Catchwords
Number of paragraphs: 7
Counsel for the Applicant: Mr E C Muston SC with M F Newton
Solicitor for the Applicant: Sparke Helmore
Counsel for the Respondent: Mr A Moses SC with Mr S Blackman
Solicitor for the Respondent: Thompson Cooper Lawyers
ORDERS NSD 715 of 2019
BETWEEN: QBE INSURANCE AUSTRALIA LIMITED Applicant
AND: ALLIANZ AUSTRALIA INSURANCE LIMITED Respondent
JUDGE: ALLSOP CJ DATE OF ORDER: 22 MAY 2020
THE COURT ORDERS THAT:
1. Pursuant to r 30.01 of the Federal Court Rules 2011 (Cth), the following two questions arising in the proceedings be heard separately from any other questions: (a) whether Pile & Bucket Pty Limited (P&B) was an 'Insured' within the meaning of the respondent's policy, so as to entitle the applicant to claim equitable contribution as a matter of principle; and (b) whether any entitlement to contribution would extend to the costs incurred by the applicant in the defence of the proceedings against P&B in all the circumstances. 2. The two separate questions be answered as follows: (a) Yes (b) Yes 3. The parties' costs of and incidental to the hearing of the two separate questions be reserved and the balance of the costs remain costs in the cause. 4. The remaining issues in the proceedings be referred to mediation to be concluded by 17 July 2020, unless in the meantime the parties resolve those issues without mediation. 5. The proceedings stand over for further case management hearing to a date in July 2020 to be fixed in consultation with the chambers of the Chief Justice. 6. The parties have liberty to apply on 3 days' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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