Baulderstone Hornibrook Engineering Pty Limited v Gordian Runoff Limited (formerly GIO Insurance Limited) & 10 Ors [2005] NSWSC 1167

Jurisdiction: Australia
Judgment Date: 15 November 2005
Procedural Posture: Commercial List; Equity Division / Mid Trial; Directions Issued After Extensive Hearings, Prior to Final Decision
Outcome: Direction issued to legal advisers to communicate observations to chief executives of parties; no final determination or orders made.
Legal Topics: ['indemnity' 'double Insurance' 'contribution' 'good Faith' 'breach of Contract' 'settlement' 'litigation Costs']

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Commercial List; Equity Division / Mid Trial; Directions Issued After Extensive Hearings, Prior to Final Decision

1 ['Whether insurers are bound to indemnify BHE for liabilities under settlement agreements' 'Whether insurers are bound to indemnify BHE for costs and expenses in defence or settlement of SACL claim' 'Whether insurers are bound to provide coverage as BHE incurs obligations' 'Whether double insurance exists between AMPG and HIH, entitling AMPG to equitable contribution' 'Whether Gordian and CGU breached good faith obligations' 'Whether BHE lost opportunity to settle SACL proceedings due to insurer conduct']

Direction issued to legal advisers to communicate observations to chief executives of parties; no final determination or orders made.

['Legal advisers to communicate courtroom observations to clients and chief executives.']