Alstom Limited v Liberty Mutual Insurance Company (No 3) [2013] FCA 399

Alstom Limited v Liberty Mutual Insurance Company (No 3) [2013] FCA 399

Applicant is entitled to indemnity under the marine cargo policy for damage to transformers, but final orders regarding some costs await the outcome of related arbitration; respondents must pay most costs but Alstom is precluded from recovering costs for claims on which it failed, with reductions to be assessed by taxing officer.

Jurisdiction
Australia
Judgment Date
01 May 2013
Procedural Posture
Application for Declaration and Damages Under Marine Insurance Contract / Orders and Reasons Following Final Hearing
Outcome
Declaration granted for indemnity; interim payment and order as to costs, proceedings adjourned pending arbitration.
Legal Topics
['marine Cargo Insurance' 'indemnity' 'costs Orders' 'arbitration Impact']
['insurance Law' 'admiralty Law'] ['marine Cargo Insurance' 'indemnity' 'costs Orders' 'arbitration Impact']

Case Brief

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Procedural Posture

Application for Declaration and Damages Under Marine Insurance Contract / Orders and Reasons Following Final Hearing

Legal Issues

  1. 1 ['Entitlement to indemnity under marine cargo policy for damage to transformers' 'Impact of arbitration proceedings between Alstom and Crompton Greaves on final orders' 'Determination of costs incurred on issues of indirect loss']

Ratio Decidendi

Applicant is entitled to indemnity under the marine cargo policy for damage to transformers, but final orders regarding some costs await the outcome of related arbitration; respondents must pay most costs but Alstom is precluded from recovering costs for claims on which it failed, with reductions to be assessed by taxing officer.

Court Disposition

Declaration granted for indemnity; interim payment and order as to costs, proceedings adjourned pending arbitration.

Orders

  • ['Applicant entitled to indemnity under marine cargo policy for transformer damage as per policy proportions.' 'Proceedings adjourned for final orders, pending publication of arbitration award.' 'Each party has liberty to apply regarding matters under Order 2.' 'Respondents directed to pay applicant $2,281,107.33...