QBE Insurance (Australia) Limited v Suncorp Metway Insurance Limited [2013] NSWCA 290

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: QBE Insurance (Australia) Limited v Suncorp Metway Insurance Limited [2013] NSWCA 290 Hearing dates: 13 August 2013 Decision date: 04 September 2013 Before: Basten JA (at [1]); Barrett JA (at [2]); Emmett JA (at [41]) Decision: (1) Allow the appeal and set aside the orders made by Fullerton J on 26 July 2012. (2) Declare that the provisions of clause 4 of the deed dated 27 November 1990 to which QBE Insurance (Australia) Limited, Suncorp Metway Insurance Limited and others are parties do not extend to any claim or loss in respect of liability to John Veigel arising from a collision that occurred near Bega on 11 February 2001. (3) Order that the respondent pay the appellant's costs of the proceedings in this Court and in the Common Law Division. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACTS - construction - agreement between third party motor insurers for sharing of claims - whether particular circumstances within sharing provision Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority (NSW) [1982] HCA 24; (1982) 149 CLR 337 Royal Botanic Gardens and Domain Trust v South Sydney City Council [2002] HCA 5; (2002) 240 CLR 45 Category: Principal judgment Parties: QBE Insurance (Australia) Limited (Appellant) Suncorp Metway Insurance Limited (Respondent) Representation: Counsel: B W Walker SC/E G Romaniuk (Appellant) J E Sexton SC (Respondent) Solicitors: Moray & Agnew (Appellant) Curwoods (Respondent) File Number(s): CA 2012/255389 Decision under appeal Citation: QBE Insurance (Australia) Limited v Suncorp Metway Insurance Limited [2012] NSWSC 835 Date of Decision: 2012-07-26 00:00:00 Before: Fullerton J File Number(s): SC 2011/393966