NSW Caselaw
New South Wales Supreme Court
CITATION : Bateman v FAI Kilborn v FAI [2001] NSWSC 348 revised - 10/05/2001 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50029/01; 50021/01 HEARING DATE(S) : 20.4.01, 26.4.01 JUDGMENT DATE : 4 May 2001
PARTIES : Bateman Project Engineering Pty Ltd -v- FAI General Insurance Company Ltd (In Prov. Liq) Kilborn Engineering Pacific Pty Ltd -v- FAI General Insurance Company Ltd (In Prov. Liq) JUDGMENT OF : Hunter J
Plaintiff: M A Pembroke SC (in each proceeding) Defendant: M J Slattery QC (in each proceeding) COUNSEL :
Plaintiff: Mallesons Stephen Jacques (Kilborn) Plaintiff: Freehills (Bateman) SOLICITORS : Defendant: Blake Dawson Waldron (in each proceeding)
CATCHWORDS : Corporations Law - declaratory proceedings by insured against insurer - appointment of provisional liquidators - applications for leave to proceed - principles and considerations affecting discretion. CASES CITED : Ibbco Trading Pty Ltd -v- HIH Casualty & General Insurance Ltd (In Prov. Liq.) [2001] NSWSC 346 Transfield Philippines Inc v HIH Casualty & General Insurance Ltd (In Prov. Liq.) [2001] NSWSC 347 DECISION : Leave to proceed granted. Costs to be costs in the proceedings.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST HUNTER J FRIDAY 4 MAY 2001
50029/01 BATEMAN PROJECT ENGINEERING PTY LTD -v- FAI GENERAL INSURANCE COMPANY LTD (IN PROV. LIQ.) 50021/01 KILBORN ENGINEERING PACIFIC PTY LTD -v- FAI GENERAL INSURANCE COMPANY (IN PROV. LIQ.)
REASONS FOR JUDGMENT
1 There are two identical proceedings brought respectively by Bateman Project Engineering Pty Ltd (Bateman) and Kilborn Engineering Pacific Pty Ltd (Kilborn) against FAI General Insurance Company Ltd (Provisional Liquidators Appointed) seeking a declaration in the following terms: "1. A declaration that the claims made against the plaintiff in the Pegasus Proceedings by PGA, PGI and PGC, do not arise out of conduct of the plaintiff "in connection with the provision of finance or advice on financial matters" within the meaning of Exclusion 4 of the Project Specific Policy."
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