NSW Caselaw
Reported Decision : 58 NSWLR 62 (2003) 12 ANZ Insurance Cases 61-579
New South Wales Court of Appeal
CITATION : Egis Consulting Aust. Pty. Ltd. v. Kvaerner Oil & Gas Aust. Pty. Ltd. & Anor. [2003] NSWCA 291 HEARING DATE(S) : 30 September 2003 JUDGMENT DATE : 30 September 2003
JUDGMENT OF : Meagher JA at 1, 43, 45; Hodgson JA at 2; McColl JA at 44 DECISION : Appeal dismissed with costs.
CATCHWORDS : INSURANCE - Contract of insurance - Construction - Joint venture clause - Whether such as to extend indemnity to parties other than the insured. - JOINT VENTURE - Contribution - Proceedings by third party against joint venture - Cross-claim brought by joint venture - Benefit of cross-claim assigned to one of joint venturers - Proceedings settled - Sum paid to third party by venturer with benefit of cross-claim reduced by setting off proceeds of cross-claim - Whether contribution from other venturer should be correspondingly reduced. CASES CITED : Petrofina (UK) Limited v. Magnaload Limited [1984] QB 127 Trident General Insurance Co. Limited v. McNiece Bros. Pty. Limited (1988) 165 CLR 107 Egis Consulting Australia Pty. Limited - appellant PARTIES : Kvaerner Oil & Gas Australia Pty. Limited - first respondent Storebrand Skadeforsikring AS - second respondent FILE NUMBER(S) : CA 40180/03 COUNSEL : J. Maconachie QC with N. Kidd for appellant B. Coles QC with M. Ashurst for respondents SOLICITORS : Colin Biggers & Paisley, Sydney for appellant Michael Samios, Sydney for respondents
LOWER COURT Supreme Court - Equity Division JURISDICTION : LOWER COURT ED 50136/00 FILE NUMBER(S) : LOWER COURT Einstein J JUDICIAL OFFICER :
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