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Addenbrooke Pty Limited v Duncan (No 3)
[2017] FCAFC 166
Citation 1
(Para 1)
…pect of Probuild’s liability for misleading or deceptive conduct) on the basis that the insurance policies respond to that liability and there are sufficient proceeds to mean that it is appropriate, from both a commercial and juridical perspective, for proceedings to be commenced against AIG. In this way, QIC falls…
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Agricultural Land Management Ltd v Jackson (No 2)
[2014] WASC 102
Citation 2
(Para 1)
…PI Insurers, there is no basis for the Court to conclude that that belief is reasonable.’[638] In this regard, AIG points to the misleading or deceptive conduct case that QIC pleads against Probuild in the new proceeding at paragraphs 237 – 246 of the statement of claim.[639] QIC’s claim, which effectively piggyba…
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Addenbrooke Pty Ltd v Duncan
[2013] FCA 573
Citation 3
(Para 1)
…This appeal is brought pursuant to r 77.06 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) ( Rules ) from parts of two interlocutory rulings concerning an application for preliminary discovery delivered by an Associate Judge on 29 June 2023[1] ( Principal Ruling ) and 17 August 2023[…
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BHP Coal Pty Ltd v O & K Orenstein & Koppel AG
[2008] QSC 141
Citation 4
(Para 1)
…ther, in this context, the appellants contend that AIG’s reliance on the fact that QIC has commenced proceedings against Probuild ‘misses the point’.[650] They submit: The submissions, and evidence, before the Court is that QIC cannot make a decision whether to commence proceedings against AIG (albeit in respect…
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Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd
[2007] NSWCA 338
Citation 5
(Para 1)
…50] They submit: The submissions, and evidence, before the Court is that QIC cannot make a decision whether to commence proceedings against AIG (albeit in respect of Probuild’s liability for misleading or deceptive conduct) on the basis that the insurance policies respond to that liability and there are sufficient proceeds to mean that it is appropriate, from both a commercial…
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Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets (No 6)
[2007] NSWSC 124
Citation 6
(Para 1)
…QIC cannot make a decision whether to commence proceedings against AIG (albeit in respect of Probuild’s liability for misleading or deceptive conduct) on the basis that the insurance policies respond to that liability and there are sufficient proceeds to mean that it is appropriate, from both a commercial and jurid…
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Monsanto Company v Syngenta Seeds Pty Ltd
[2006] FCA 228
Citation 7
(Para 1)
…ects the appellants’ submission that in the second ground of contention it has invited the Court to engage in merits review of QIC’s pleaded claim in misleading or deceptive conduct. Rather, AIG says that submission repeats the appellants’ submission in respect of Ground Four of the appeal, and ‘wrongly assimilate…
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Port Stephens Shire Council v Booth
[2005] NSWCA 323
Citation 8
(Para 1)
…hat QIC has commenced proceedings against Probuild ‘misses the point’.[650] They submit: The submissions, and evidence, before the Court is that QIC cannot make a decision whether to commence proceedings against AIG (albeit in respect of Probuild’s liability for misleading or deceptive conduct) on the basis that th…
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St George Bank Ltd v Rabo Australia Ltd
[2004] FCA 1360
Citation 9
(Para 1)
…by s 42 of the Civil Procedure Act, it is to be inferred that QIC and its legal representatives considered that QIC had a proper basis to make the claim it has made against Probuild for misleading or deceptive conduct, and AIG submits that ‘[a]ny claim against the Primary PI Insurers rises or falls with that clai…
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re HIH Insurance Ltd
[2004] NSWSC 5
Citation 10
(Para 1)
…sis that the insurance policies respond to that liability and there are sufficient proceeds to mean that it is appropriate, from both a commercial and juridical perspective, for proceedings to be commenced against AIG. In this way, QIC falls squarely within the circumstance adverted to in Hooper v Kirella Pty Ltd :[6…
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Ford Motor Company of Australia Ltd v Arrowcrest Group Pty Ltd
[2002] FCA 1156
Citation 11
(Para 1)
…oal Pty Ltd v K Orenstein & Koppel AG [2008] QSC 141 at [216]-[218] (McMurdo J); Port Stephens Shire Council v Booth [2005] NSWCA 323 at [147] (Giles JA, Beazley JA and Hunt AJA agreeing); Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (2007) 63 ACSR 1 at 133-134 [504] (McDougall J); Addenbr…
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Batten v Container Terminal Management Services Limited
[2001] FCA 374
Citation 12
(Para 1)
…n respect of Probuild’s liability for misleading or deceptive conduct) on the basis that the insurance policies respond to that liability and there are sufficient proceeds to mean that it is appropriate, from both a commercial and juridical perspective, for proceedings to be commenced against AIG”.[666]’[667] [665]Se…
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Hampic Pty Ltd v Adams
[1999] NSWCA 455
Citation 13
(Para 1)
…a decision whether to commence proceedings against AIG (albeit in respect of Probuild’s liability for misleading or deceptive conduct) on the basis that the insurance policies respond to that liability and there are sufficient proceeds to mean that it is appropriate, from both a commercial and juridical perspective…
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McCarthy v McIntyre
[1999] FCA 805
Citation 14
(Para 1)
…against AIG (albeit in respect of Probuild’s liability for misleading or deceptive conduct) on the basis that the insurance policies respond to that liability and there are sufficient proceeds to mean that it is appropriate, from both a commercial and juridical perspective, for proceedings to be commenced against…
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McCarthy v McIntyre
[1999] FCA 784
Citation 15
(Para 1)
…may give it a right to obtain relief against either Probuild or the Primary PI Insurers, there is no basis for the Court to conclude that that belief is reasonable.’[638] In this regard, AIG points to the misleading or deceptive conduct case that QIC pleads against Probuild in the new proceeding at paragraphs 237…
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Janssen-Cilag Pty Ltd v Pfizer Pty Ltd
[1992] FCA 649
Citation 16
(Para 1)
…y that “QIC cannot make a decision whether to commence proceedings against AIG (albeit in respect of Probuild’s liability for misleading or deceptive conduct) on the basis that the insurance policies respond to that liability and there are sufficient proceeds to mean that it is appropriate, from both a commercial an…
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Wadren Pty Ltd v Probuild Constructions (Aust) Pty Ltd
[2023] VSC 348
Citation 17
(Para 1)
…1] ( Principal Ruling ) and 17 August 2023[2] ( August Ruling ) respectively. [1] Wadren Pty Ltd & Anor v Probuild Constructions (Aust) Pty Ltd & Ors [2023] VSC 348. [2] Wadren Pty Ltd & Anor v Probuild Constructions (Aust) Pty Ltd & Ors (No 2) (the August Ruling does not have a medium neutral citation and does n…