Federal Court of Australia
Federal Court of Australia
Bentley Capital Limited v Keybridge Capital Limited (No 3) [2024] FCA 1139 File number: WAD 475 of 2019
Judgment of: BANKS-SMITH J
Date of judgment: 30 September 2024
Catchwords: CORPORATIONS - directors - indemnity for legal costs incurred - where competing deeds of indemnity on same terms - carve out where indemnity provided by insurer or other indemnifier - whether advances by one insurer constituted payments by way of indemnity - where neither indemnifier has moved first to indemnify - contribution
Legislation: Corporations Act 2001 (Cth) s 199A Federal Court of Australia Act 1976 (Cth) s 54A
Cases cited: Albion Insurance Co Ltd v Government Insurance Office of New South Wales (1969) 121 CLR 342 AMP Bank Limited v Brown and Kavanagh [2017] NSWSC 313 Bentley Capital Limited v Keybridge Capital Limited [2019] FCA 1675 Bentley Capital Limited v Keybridge Capital Limited (No 2) [2021] FCA 1318 Haider v Gudelj [2021] ACTCA 9; (2021) 16 ACTLR 1 Lavin v Toppi [2015] HCA 4; (2015) 254 CLR 459 Leckenby v Note Printing Australia Limited [2014] VSC 538 Note Printing Australia Ltd v Leckenby [2015] VSCA 105; (2015) 50 VR 44 William John Jefferies v Indigenous Land Corporation [2015] NSWSC 1616
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