Outback Music Festival Group Pty Ltd (formerly known as Big Run Events Pty Ltd) v Everest Syndicate 2786 at Lloyd's [2022] FCA 13

Federal Court of Australia

Outback Music Festival Group Pty Ltd (formerly known as Big Run Events Pty Ltd) v Everest Syndicate 2786 at Lloyd's [2022] FCA 13 File number: NSD 333 of 2021

Judgment of: ALLSOP CJ

Date of judgment: 19 January 2022

Catchwords: INSURANCE – construction of policy – where applicant organised and promoted music festival in Queensland – where festival unable to proceed due to COVID-19 related health, operational and reputational risks and restrictions upon gathering and movement – where policy contained a communicable disease exclusion – where loss arising from restrictions in movement, travel warnings, or quarantine imposed by a "national or international body" excluded – whether COVID-19 restrictions imposed by a "national body" – nature of National Cabinet and other crisis response bodies – National Cabinet a "national body" within the meaning of the policy – exclusion engaged

Legislation: Insurance Contracts Act 1984 (Cth) ss 14, 54

Cases cited: Australian Broadcasting Commission v Australasian Performing Right Association Ltd [1973] HCA 36; 129 CLR 99 Darlington Futures Ltd v Delco Australia Pty Ltd [1986] HCA 82; 161 CLR 500 Erect Safe Scaffolding (Aust) Pty Ltd v Sutton [2008] NSWCA 114; 72 NSWLR 1 Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc (No 5) [1998] FCA 1485; 90 FCR 1 Kooragang Cement Pty Ltd v Bates (1994) 35 NSWLR 452 Kyriackou v ACE Insurance Ltd [2013] VSCA 150; 17 ANZ Insurance Cases 61-973 Major Engineering Pty Ltd v CGU Insurance Ltd [2011] VSCA 226; 35 VR 458 Oei v Foster [1982] 2 Lloyd's Rep 170