Rockment Pty Ltd trading as Vanilla Lounge v AAI Limited trading as Vero Insurance [2021] FCA 163

Federal Court of Australia

Rockment Pty Ltd trading as Vanilla Lounge v AAI Limited trading as Vero Insurance [2021] FCA 163 File number: VID 481 of 2020

Judgment of: ALLSOP CJ

Date of judgment: 2 March 2021

Legislation: Federal Court of Australia Act 1976 (Cth) ss 20(1A), 53C

Cases cited: Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance [2020] FCAFC 228

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance – Insurance List

Number of paragraphs: 12

Date of hearing: 2 March 2021

Counsel for the Applicant: Mr D Klempfner

Solicitor for the Applicant: LGM Advisors

Counsel for the Respondent: Mr J Kirk SC

Solicitor for the Respondent: King & Wood Mallesons

Table of Corrections

13 January 2022 The citation Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance [2021] FCAFC 228 was amended to [2020] FCAFC 228.

ORDERS VID 481 of 2020

BETWEEN: ROCKMENT PTY LTD TRADING AS VANILLA LOUNGE Applicant

AND: AAI LIMITED TRADING AS VERO INSURANCE Respondent

order made by: ALLSOP CJ DATE OF ORDER: 2 MARCH 2021

THE COURT ORDERS THAT:

1. On or before 4 March 2021, the applicant serve on the respondent submissions of no more than 2 pages as to the variation of the costs order made by the Full Court on 18 December 2020. 2. On or before 8 March 2021, the respondent serve on the applicant submissions of no more than 2 pages as to the variation of the costs order made by the Full Court on 18 December 2020. 3. Thereafter, if there is any disagreement about what materials should be provided to the Full Court, the matter be listed before the Chief Justice for resolution of any such dispute. 4. If there is no dispute between the parties as to what materials should be provided to the Full Court, the parties provide a joint communication enclosing the submissions on costs, and any other relevant materials, to the Associate to Justice Besanko. 5. On or before 23 March 2021, the applicant file and serve a narrative document entitled "Explanation as to Indemnity" of no more than approximately 10 pages explaining why it is entitled to indemnity under the policy, engaging with the terms of the policy, the evidence proposed to be led, the reasons of the Full Court, and any other relevant matters. 6. On or before 20 April 2021, the respondent file and serve an answer to the document referred to in Order 5 of no more than approximately 10 pages. 7. Pursuant to rule 28.02 of the Federal Court Rules 2011 (Cth), the proceeding be referred to mediation to be conducted by a private mediator as agreed by the parties, such mediation to occur by 31 May 2021. 8. The matter be listed for case management in the week of 31 May 2021 on a date to be fixed in consultation with the chambers of the Chief Justice. 9. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.