NSW Caselaw
New South Wales Court of Appeal
CITATION: General Reinsurance Australia Ltd v HIH Casualty & General Insurance Ltd (in liquidation) [2009] NSWCA 22
HEARING DATE(S): 6 February 2009
JUDGMENT DATE: 26 February 2009
JUDGMENT OF: Allsop P at 1; Hodgson JA at 92; Macfarlan JA at 93
DECISION: Appeal dismissed with costs.
CATCHWORDS: INSURANCE – reinsurance – construction of underlying insurance treaty – "trade credit insurance" – whether supply of goods by financier on credit is within scope of trade credit insurance treaty - SALE OF GOODS – passing of property – intention of parties – characterisation of commercial arrangements – construction of invoices and bills of lading - WORDS AND PHRASES – "trade credit insurance"
CATEGORY: Principal judgment
Associated Alloys Pty Limited v ACN 001 452 106 Pty Limited (In liquidation) [2000] HCA 252; 202 CLR 588 Associated Midland Corporation Limited v Bank of New South Wales (1984) 51 ALR 641 Con-Stan Industries of Australia Pty Limited v Norwich Winterthur Insurance (Australia) Ltd (1986) 160 CLR 226 Cutten and Harvey v Sun Alliance Life Assurance Ltd (1986) 4 ANZ Ins cas 60-742 Gibbs v Mercantile Mutual Insurance (Australia) Ltd [2003] HCA 39; 214 CLR 604 Gould v Curtis [1913] 3 KB 84 Hallstroms Pty Limited v The Federal Commissioner of Taxation (1946) 72 CLR 634 CASES CITED: HIH Casualty & Gen Re (NZ) Ltd (in liq) v General Reinsurance Australia Ltd [2004] NSWSC 659 Joseph v Law Integrity Insurance Co Ltd [1912] 2 Ch 581 Marac Life Assurance Ltd v Commissioner of Inland Revenue (1986) 4 ANZ Ins cas 60-735 National Mutual Life Association of Australasia Limited v Federal Commissioner of Taxation (1959) 102 CLR 29 Sewell v Burdick (1884) 10 App Cas 74 Sonenco (No 87) Pty Limited v Commissioner of Taxation (1992) 38 FCR 555 Sun Newspapers Ltd v The Federal Commisisoner of Taxation; Associated Newspapers Ltd v The Federal Commissioner of Taxation (1938) 61 CLR 337 The 'Captain Panagos DP' [1985] 1 Lloyd's Rep 625
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