Tibbles v Ulladulla Creative Images Pty Ltd (No 1) [2021] NSWDC 404

District Court New South Wales

Medium Neutral Citation: Tibbles v Ulladulla Creative Images Pty Ltd (No 1) [2021] NSWDC 404 Hearing dates: 31 May 2021, 01-02 June 2021 Date of orders: 02 June 2021 Decision date: 02 June 2021 Jurisdiction: Civil Before: Neilson DCJ Decision: See [38] Catchwords: CONTRACT – INTERPRETATION OF TERMS – Whether clause "The Company agrees that if it receives any further moneys from the Insurance Company…[they] shall be divided equally between the shareholders" was apt to apply to moneys paid by the insurer as "uninsured losses" on behalf of another insured who was a tortfeasor causing the Company's losses. Cases Cited: Codelfa Constructions Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; (1982) 149 CLR 337 International Air Transport Association v Ansett Australia Holdings Ltd [2008] HCA 3; (2008) 234 CLR 151 Pacific Carriers Limited v BNP Paribas [2004] HCA 35; (2004) 218 CLR 451 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; (2004) 219 CLR 165 Category: Principal judgment Parties: 1st Plaintiff – Ian Tibbles 2nd Plaintiff – Debbie Tibbles 1st Defendant – Ulladulla Creative Images Pty Ltd 2nd Defendant – John Corrin Representation: Counsel: Plaintiffs – M. Kalyk Defendants – G. Edwards Solicitors: Plaintiffs – M. Davidson (Paladin Law) Defendants – R. Ferguson (McNamara & Associates) File Number(s): 2019/00387037 Publication restriction: Nil.