NSW Caselaw
New South Wales Supreme Court
CITATION : Silbermann, Greaves,Rich v CGU Insurance Limited [2002] NSWSC 1195 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50141/01; 50096/02; 50150/02 HEARING DATE(S) : 3 December 2002 JUDGMENT DATE : 18 December 2002
Mark Silbermann (Pltf) PARTIES : John Huyshe Greaves (Pltf) John David Rich (Pltf) CGU Insurance Limited (Def) JUDGMENT OF : McClellan J
D L Williams (Pltf - Silbermann & Rich) COUNSEL : J B Simpkins SC/M A Jones (Pltf - Greaves) C Gee QC/A W Street SC (Def) Piper Alderman (Pltf - Silbermann) SOLICITORS : Watson Mangioni ( Pltf - Greaves) Ebsworth & Ebsworth (Pltf - Rich) Colin Biggers & Paisley (Def) CATCHWORDS : INSURANCE - motion for separate questions for determination - where former directors of a company in liquidation claim indemnity for defence costs in proceedings brought against them by ASIC - principles relevant to exclusions clauses in insurance policies DECISION : See paras 50-51
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
McCLELLAN J
WEDNESDAY 18 DECEMBER 2002
50141/01 SILBERMANN v CGU INSURANCE LIMITED 50096/02 GREAVES v CGU INSURANCE LIMITED 50150/02 RICH v CGU INSURANCE LIMITED JUDGMENT 1 HIS HONOUR: The plaintiffs, who are former directors of One.Tel Limited, (One.Tel) which is in liquidation, have brought proceedings against CGU Insurance Limited (CGU) claiming an indemnity for the costs of defending themselves in proceedings brought against each of them by the Australian Securities and Investment Commission (ASIC). CGU have filed a defence in each of the proceedings. The plaintiffs, by motion, sought to strike certain paragraphs from that defence. That motion was dismissed. 2 The plaintiffs then brought an application seeking separate determination of three questions, being essentially the questions raised in the strike out motion. That application was granted and in their final form, the following questions are before the court for determination:
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