Hird v Chubb Insurance Company of Australia Ltd

In the case of Hird v Chubb Insurance Company of Australia Ltd, the dispute involved a claim for indemnity under a Directors and Officers liability policy. The insured, Hird, sought coverage for legal representation expenses incurred in challenging the legality of a formal investigation into his conduct. The investigation included an interview by an investigative body and a forensic examination of his mobile phone. Hird had received legal advice that the investigative body had acted beyond its powers and subsequently initiated court proceedings to challenge the investigation, which were ultimately unsuccessful.

The court was tasked with determining whether the legal representation expenses claimed by Hird were incurred "on account of" his attendance at the interview or the production of his mobile phone. Additionally, the court had to decide whether the investigation constituted a demand for "non-pecuniary relief" or "a proceeding" against Hird for an alleged wrongful act, as defined in the policy. The interpretation of these terms was crucial in establishing the scope of coverage under the policy.

The court found that the expenses incurred by Hird were not "on account of" his attendance at the interview or the production of his mobile phone, as the expenses related to the broader challenge of the investigation's legality rather than the specific actions of attending the interview or producing the phone. Furthermore, the court held that the investigation did not constitute a demand for non-pecuniary relief or a proceeding against Hird for a wrongful act, as defined in the policy. Consequently, Hird was not entitled to the claimed indemnity, and the proceedings were dismissed.

No further orders were made by the court beyond the dismissal of the claim for indemnity.