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HIH Claims Support v Insurance Australia

HIH Claims Support v Insurance Australia

Case [2009] VSC 434

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AGLC: HIH Claims Support v Insurance Australia [2009] VSC 434
Case: [2009] VSC 434
Decision Date: 1 October 2009

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Citations

HIH Claims Support v Insurance Australia [2009] VSC 434

Most Recent Citation

Solak v Registrar of Titles (No 2) [2010] VSC 146

Cases Citing This Decision

Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds [2016] FCA 1
Citation 1 (Para 21)

…In HIH Claims Support Ltd v Insurance Australia Ltd [2009] VSC 434; (2009) 15 ANZ Insurance Cases 61-824 ( HIH Claims Support ), at first instance, the trial judge noted that the insurer against whom contribution was sought in that case argued that s 54 of the Act only applies to assist an insured, not another in…
HIH Claims Support Ltd v Insurance Australia Ltd [2010] VSCA 255
Citation 2

…[2009] VSC 434 (Hollingworth J)…
Solak v Registrar of Titles (No 2) [2010] VSC 146
Citation 3

…Ltd (recrs and mgrs apptd)(in liq) v Effem Foods Pty Ltd (1992) 108 ALR 335, 352 (Gummow J); HIH Claims Support Limited v Insurance Australia Limited [2009] VSC 434, (Unreported, Hollingworth J, 1 October 2009) [34].…

Cases Cited

Statutory Material Cited

QBE Insurance (Australia) Ltd v Lumley General Insurance Ltd [2009] VSCA 124
Citation 1 (Para 1)

…th parties drew my attention to this case and the recent Court of Appeal case of QBE Insurance (Australia) Ltd v Lumley General Insurance Ltd (2009) 256 ALR 574, after I had reserved my decision, and assisted by providing supplementary written submissions addressing those authorities.…
Friend v Brooker [2009] HCA 21
Citation 2 (Para 1)

…interfere with the action of the obligee, but seeks to ensure the sharing of the burden between those subjected to it. [32] Friend v Brooker [2009] HCA 21 at [38] per the joint judgment. Counsel for both parties drew my attention to this case and the recent Court of Appeal case of QBE Insurance (Australia) Ltd…
Insurance Australia Ltd v HIH Casualty & General Insurance Ltd (In liq) [2007] VSCA 223
Citation 3 (Para 1)

…L contract”). [8] Insurance Australia Ltd v HIH Casualty & General Insurance (in Liquidation) and Ronald Steele (Trading as Dragon Scaffolding) [2007] VSCA 223 per Chernov, Ashley and Redlich JJA.…
Australian Associated Motor Insurers Ltd v NRMA Insurance Ltd [2002] FCA 1061
Citation 4 (Para 1)

…5] Wilson J in the Queensland Supreme Court said by way of obiter dicta that an Anshun estoppel may arise where there is privity of interest.[16] [14][2002] FCA 1061. [15](2006) 236 ALR 796. [16]At [29].…
Burke v LFOT Pty Ltd [2002] HCA 17
Citation 5 (Para 1)

…en regularly applied between co-sureties, co-insurers, partners, and co-owners, where payment is made by one in discharge of a common liability. [31] Burke v LFOT Pty Ltd (2002) 209 CLR 272 (“Burke”) at [14] per Gaudron A-CJ and Hayne J.…
Minister for Immigration Multicultural Affairs v Jia [2001] HCA 73
Citation 6 (Para 1)

…tribution; the Court of Appeal preferred to leave that open for another day.[48] [43] AMP Workers Compensation Services (NSW) Ltd v QBE Insurance Ltd (2001) 53 NSWLR 35. [44][2009] VSCA 124. [45]At [65] per Neave and Dodds-Streeton JJA and Kyrou AJA. [46] QBE at [67]. [47] QBE at [68]. [48] QBE at [69].…
Speno Rail Maintenance Australia Pty Ltd v Hamersley Iron Pty Ltd [2000] WASCA 408
Citation 7 (Para 1)

…ich”) under an insurance policy.[52] Zurich claimed contribution from Speno of one half of any amount it was liable to pay Hamersley. [51](2000) 23 WAR 291. [52]There were in fact several insurance policies considered in the case, but the only relevant one for our purposes was a general liability policy which Zurich…
Australasian Memory Pty Ltd v Brien [2000] HCA 30
Citation 8 (Para 1)

…at the decision to which one was a party should be binding in proceedings to which the other is a party.”[22] [22] Re Australasian Memory Pty Ltd (1997) 149 ALR 393 at 413 per Santow J, quoting from Megarry V-C in Gleeson v J Wippell & Co Ltd [1977] 1 WLR 510 at 515.…
Tiufino v Warland [2000] NSWCA 110
Citation 9 (Para 1)

…hts against third parties, HCSL is in a similar position to an insurer or trustee, because all claim “under or through” the other party. [23] Tiufino v Warland (2000) NSWLR 104 at 111 per Handley JA, with whom Mason P and Powell JA agreed; AAMI v NRMA [2002] FCA 1061 at [32]-[34], [74], [79] and [97]. [24] CB Darvall & Dar…
Gibbs v Kinna [1998] VSCA 52
Citation 10 (Para 1)

…efraining from pursuing a claim relates to whether there arises the potential for conflicting judgments.[13] [13] Anshun at 604; Gibbs v Kinna [1999] 2 VR 19 at 27 per Kenny JA; Egglinshaw v Australian Crime Commission [2008] 243 ALR 177 at 184; Snowy Mountains Organic Dairy Products v Wholefoods Pty Ltd […
Bryant v Commonwealth Bank of Australia [1996] HCA 3
Citation 11 (Para 1)

…spect of a proceeding on a cause of action which should have been raised in a previous proceeding.[12] [12]See for example Bryant v Commonwealth Bank (1995) 57 FCR 287 at 297 per Beaumont, Wilcox and Moore JJ. Special considerations may arise in relation to cross-claims.…
Street v Retravision (NSW) Limited [1995] NSWCA 459
Citation 12 (Para 1)

…and qualitatively.[41] [38] Burke at [16] per Gaudron A-CJ and Hayne J and at [41]-[42] per McHugh J. [39] Street v Retravision (NSW) Pty Ltd (1995) 56 FCR 588 at 597 per Gummow, citing BP Petroleum Development Ltd v Esso Petroleum Co Ltd [1987] SLT 345 at 347-8 and Caledonian Railway Co v Colt (1860) 3 Macq 833 at…
Commonwealth v Verwayen [1990] HCA 39
Citation 13 (Para 1)

…although its outline of submissions only addressed the matter in terms of waiver. [29]Further amended reply dated 20 November 2008 at [4]. [30](1990) 170 CLR 394.…
Mahoney v McManus [1981] HCA 54
Citation 14 (Para 1)

…Court of Appeal below. A view such as that put forward by Mason P may too easily produce idiosyncratic outcomes.[50] [49] Mahoney v McManus (1981) 180 CLR 370 at 375 per Gibbs CJ. [50] Friend at [47] per the joint judgment.…
Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45
Citation 15

…[9](1981) 147 CLR 589.…
Australian Broadcasting Commission v Australasian Performing Right Association Ltd [1973] HCA 36
Citation 16 (Para 1)

…the joint judgment. Counsel for both parties drew my attention to this case and the recent Court of Appeal case of QBE Insurance (Australia) Ltd v Lumley General Insurance Ltd (2009) 256 ALR 574, after I had reserved my decision, and assisted by providing supplementary written submissions addressing those authorities.…
Ramsay v Pigram [1968] HCA 34
Citation 17 (Para 1)

…nt of privity in interest is that the privy must claim “under or through” the person of whom they are said to be privy.[21] [21] Ramsay v Pilgrim (1967) 118 CLR 271 at 279 per Barwick CJ.…
AMP Workers Compensation Services (NSW) v QBE Insurance [2002] HCATrans 286
Citation 18 (Para 1)

…Appeal preferred to leave that open for another day.[48] [43] AMP Workers Compensation Services (NSW) Ltd v QBE Insurance Ltd (2001) 53 NSWLR 35. [44][2009] VSCA 124. [45]At [65] per Neave and Dodds-Streeton JJA and Kyrou AJA. [46] QBE at [67]. [47] QBE at [68]. [48] QBE at [69].…
Bryant v Commonwealth Bank of Australia [1995] HCATrans 257
Citation 19 (Para 1)

…ciple applies equally in respect of a proceeding on a cause of action which should have been raised in a previous proceeding.[12] [12]See for example Bryant v Commonwealth Bank (1995) 57 FCR 287 at 297 per Beaumont, Wilcox and Moore JJ. Special considerations may arise in relation to cross-claims.…
CB Darvall and Darvall v Moloney [2006] QSC 345
Citation 20 (Para 1)

…eensland Supreme Court said by way of obiter dicta that an Anshun estoppel may arise where there is privity of interest.[16] [14][2002] FCA 1061. [15](2006) 236 ALR 796. [16]At [29].…
Trawl Industries of Australia Pty Ltd (In Liq) v Effem Foods Pty Ltd [1992] FCA 377
Citation 21 (Para 1)

…basis of privity proceed upon a principle entirely different from that in [ Anshun ].”[19] There may be some force in those observations. [17](1993) 43 FCR 510. [18]At 538-9. [19]At 541.…
Snowy Mountains Organic Dairy Products Pty Ltd v Wholefoods Pty Ltd [2008] VSC 405
Citation 22 (Para 1)

…9 at 27 per Kenny JA; Egglinshaw v Australian Crime Commission [2008] 243 ALR 177 at 184; Snowy Mountains Organic Dairy Products v Wholefoods Pty Ltd [2008] VSC 405 at 15-16.…
HIH Casualty & General Insurance Ltd v Insurance Australia Ltd [2005] VSC 342
Citation 23 (Para 1)

…m IAL in respect of his liability in the NSW proceeding and 90% of his defence costs.[7] [6] HIH Casualty & General Insurance v Insurance Australia [2005] VSC 342. [7]There was evidence that Steele had no legal liability for the remaining 10% of his defence costs, because the lawyers retained on his behalf did no…
Caledonia North Sea Limited v. British Telecommunications Plc (Scotland) and Others [2002] UKHL 4
Citation 24 (Para 1)

…emnify the operators in the event of injury suffered by the contractors’ employees while working on the platform. [54][2002] Lloyd’s Rep 261, [2002] UKHL 4, at [16] per Lord Bingham, at [61] per Lord Mackay, at [71] per Lord Nicholls, and at [103] per Lord Scott.…

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