Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 8) [2017] NSWSC 1507

Supreme Court New South Wales

Medium Neutral Citation: Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 8) [2017] NSWSC 1507 Hearing dates: 1 November 2017 Decision date: 07 November 2017 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Damages to be calculated to take account of the matters at [16], [27] and [35] Catchwords: DAMAGES – certain matters not established – what allowance to be made Cases Cited: General Accident Insurance Asia Ltd v Sakr [2001] NSWCA 402 Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 7) [2017] NSWSC 1321 Category: Consequential orders (other than Costs) Parties: Mobis Parts Australia Pty Ltd (Plaintiff) XL Insurance Company SE (First Defendant) AIG Europe Limited (Second Defendant) UNIQA Versicherungs AG (Third Defendant) Representation: Counsel: T Mehigan and E Ball (Plaintiff) D S Weinberger (First Defendant)

Solicitors: Ashurst Australia (Plaintiff) McCabes Lawyers (First Defendant) Hicksons Lawyers (Third Defendant) File Number(s): SC 2015/281297

Judgment 1. I gave judgment in this matter on 29 September 2017 (Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 7) [2017] NSWSC 1321). 2. These reasons assume familiarity with that judgment. 3. I shall use the same abbreviations here as in those reasons. 4. In relation to a number of issues concerning the quantum of Mobis's claim, I: 1. concluded that Mobis had not established aspects of its claim; 2. said that one possible consequence of that failure was to reject that aspect of Mobis's claim entirely; but 3. invited submissions as to whether an alternative course was available. 1. I have now heard submissions from Mobis and XL in relation to those matters.