Certain Underwriters at Lloyd's of London v Dural 24/7 Pty Ltd [2022] FCA 206

Federal Court of Australia

Certain Underwriters at Lloyd's of London v Dural 24/7 Pty Ltd [2022] FCA 206 File number(s): NSD 1175 of 2021

Judgment of: JAGOT J

Date of judgment: 10 March 2022

Catchwords: INSURANCE — construction of policy — whether references to quarantinable diseases under Quarantine Act 1908 (Cth) should be construed as listed human diseases under Biosecurity Act 2015 (Cth) — policy contains clause providing "references to a statute law also includes all its amendments or replacements" — meaning of "statute law" and "replacement" — provisions of Biosecurity Act for listed human diseases are replacement statute law for provisions of Quarantine Act for quarantinable diseases — declaration granted

Legislation: Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 (Cth) Biosecurity Act 2015 (Cth) s 42 Insurance Contracts Act 1984 (Cth) Privacy Act 1988 (Cth) Quarantine Act 1908 (Cth) ss 5, 13(1)(ca) Biosecurity (Listed Human Diseases) Amendment Determination 2020 (Cth) Biosecurity (Listed Human Diseases) Determination 2016 (Cth) s 4 Quarantine Proclamation 1998 (Cth) ss 21, 36, 58 Explanatory Memorandum, Biosecurity (Consequential Amendments and Transitional Provisions) Bill 2014 Property Law Act 1958 (Vic) s 61A

Cases cited: HDI Global Specialty SE v Wonkana No 3 Pty Ltd [2020] NSWCA 296; (2020) 104 NSWLR 634 LCA Marrickville Pty Limited v Swiss Re International SE [2022] FCAFC 17 Mainteck Services Pty Ltd v Stein Heurtey SA [2014] NSWCA 184; (2014) 89 NSWLR 633 Star Entertainment Group Limited v Chubb Insurance Australia Ltd [2022] FCAFC 16 Swiss Re International Se v LCA Marrickville Pty Limited (Second COVID‑19 insurance test cases) [2021] FCA 1206