Federal Court of Australia
Federal Court of Australia
Huon Valley Council v Swiss Re International SE [2022] FCA 611 File number: TAD 31 of 2021
Judgment of: ALLSOP CJ
Date of judgment: 25 May 2022
Catchwords: INSURANCE – construction of corporate practices protection policy – where Minister for Local Government established Board of Inquiry (BoI) under Pt 13 of the Local Government Act 1993 (Tas) to investigate Huon Valley Council – where Minister imposed costs of BoI on Council under s 229 of the Act – whether costs fall within scope of indemnity for a "Statutory Liability Claim" or "Inquiry Costs Claim" as defined in the policy
Legislation: Insurance Act 1973 (Cth) Local Government Act 1993 (Tas) ss 27, 28, 62, 215, 216, 217, 218, 224, 225, 226, 229, 231 Local Government (Huon Valley Council Dismissal) Order 2016 (Tas)
Cases cited: Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27 McCann v Switzerland Insurance Australia Ltd [2000] HCA 65; 203 CLR 579 MOS Beverages Pty Ltd v Insurance Australia Ltd t/as CGU Insurance [2020] FCA 1716 Visy Paper Pty Ltd v Glass Granulates Pty Ltd [2014] NSWSC 1387
Division: General Division
Registry: Tasmania
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 113
Date of last submissions: Applicant: 2 December 2021 Respondent: 30 November 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr S McElwaine SC
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