NSW Caselaw
New South Wales Court of Appeal
CITATION: Collyear v CGU Insurance Limited [2008] NSWCA 92 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 16 April 2008
JUDGMENT DATE: 15 May 2008
JUDGMENT OF: Giles JA at 1; Hodgson JA at 2; Handley AJA at 42
DECISION: Appeal dismissed with costs.
CATCHWORDS: INSURANCE – Double insurance – Contribution between insurers – Whether same risk insured by both insurers – Whether one insurer had made payment in respect of realisation of a risk insured by both insurers.
LEGISLATION CITED: Insurance Contracts Act 1984 (Cth) s 45
CATEGORY: Principal judgment
Albion Insurance Company Limited v Government Insurance Office of New South Wales (1969) 121 CLR 342 AMEV Finance Limited v Mercantile Mutual Insurance (Workers Compensation) Limited (No. 2) [1988] 2 QdR 351 AMP Workers Compensation Services (NSW) Limited v QBE Insurance Limited [2001] NSWCA 267; (2001) 53 NSWLR 35 Australian Legal Insurance Co Limited v Mutual Acceptance (Insurance ) Pty Ltd [1983] 3 NSWLR 59 Central Bank of India Ltd v Guardian Assurance Co Ltd (1936) 54 Ll LR 247 Commercial & General Insurance Co Limited v Government Insurance Office of New South Wales (1973) 129 CLR 374 Dawson v Bankers and Traders Insurance Co Ltd [1957] VR 491 CASES CITED: Deaves v CML Fire and General Insurance Co Ltd (1979) 143 CLR 24 Drayton v Martin (1996) 137 ALR 145 General Accident Fire and Life Assurance Corporation Ltd v Midland Bank Ltd [1940] 2 KB 388 CA The Koursk [1924] P 140 CA, 155 Lister v Romford Ice & Cold Storage Co Ltd [1957] AC 555 Lombard Australia Ltd v NRMA Insurance Ltd (1968) 72 SR (NSW) 45 CA. North British and Mercantile Insurance Company v London, Liverpool and Globe Insurance Company [1876] 5 Ch 569 Portavon Cinema Co Ltd v Price and Century Insurance Co Ltd [1939] 4 All ER 601 Western Australian Bank v Royal Insurance Co (1908) 5 CLR 533
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