Hopkins v AECOM Australia Pty Ltd (No 4)

The case of Hopkins v AECOM Australia Pty Ltd (No 4) involved the applicants seeking to join an overseas insurer, AIG Europe, as an additional respondent to proceedings brought against AECOM, the insured. The applicants also sought leave to commence proceedings against AIG Europe under s 6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) (LR(MP) Act). The policy in question was governed by Dutch law, and an arbitration between the insured and the insurer was taking place in the Netherlands in accordance with the arbitration clause in the policy.

The legal issues the court had to address were whether s 6 of the LR(MP) Act was a State law picked up by s 79 of the Judiciary Act 1903 (Cth) and whether s 6 of the LR(MP) Act could apply in circumstances where the impugned conduct of the insured occurred prior to the inception of the policy. Additionally, the court had to determine the nature of the applicants' loss and damage and the time of accrual of the applicants' causes of action against the insured.

The court concluded that s 6 of the LR(MP) Act was not a State law picked up by s 79 of the Judiciary Act 1903 (Cth) and therefore did not apply in this case. The court also held that the impugned conduct of the insured occurred prior to the inception of the policy, and therefore, the applicants' causes of action against the insured accrued prior to the inception of the policy. As a result, the court dismissed the amended interlocutory application dated 18 November 2014. The court found that the applicants had not established a prima facie case for the purpose of r 10.43 of the Federal Court Rules 1979 (Cth) and that causing AIG Europe to be involved in litigation in the Court in Australia was not justified.