Zhang v Minox Securities Pty Ltd; Liu v Minox Securities Pty Ltd [2008] NSWSC 689

Zhang v Minox Securities Pty Ltd; Liu v Minox Securities Pty Ltd [2008] NSWSC 689

There is no arguable case that either QBE insurance policy provides indemnity for Quantum with respect to the plaintiffs’ claims, as all claims fall within the relevant policy exclusions. Accordingly, leave to proceed against QBE and joinder as a defendant are refused.

Jurisdiction
Australia
Judgment Date
09 July 2008
Procedural Posture
Corporations List Proceeding / Interlocutory Application
Outcome
Order joining and granting leave to proceed against insurer refused
Legal Topics
['principal Liability for Authorised Representatives' 'insurance Indemnity' 'policy Exclusions' 'leave to Proceed Against Insurer' 'winding Up' 'breach of Statutory Duty']
['corporations Law' 'insurance Law' 'equity'] ['principal Liability for Authorised Representatives' 'insurance Indemnity' 'policy Exclusions' 'leave to Proceed Against Insurer' 'winding Up' 'breach of Statutory Duty']

Case Brief

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Procedural Posture

Corporations List Proceeding / Interlocutory Application

Legal Issues

  1. 1 ["Whether either QBE policy responds to Quantum's liability for alleged contraventions by its authorised representative" 'Whether insurance policy exclusions apply to alleged liability' 'Whether leave to proceed against insurer under s 6(4) Law Reform (Miscellaneous Provisions) Act 1946 should be granted' 'Whether QBE should be joined as a defendant']

Ratio Decidendi

There is no arguable case that either QBE insurance policy provides indemnity for Quantum with respect to the plaintiffs’ claims, as all claims fall within the relevant policy exclusions. Accordingly, leave to proceed against QBE and joinder as a defendant are refused.

Court Disposition

Order joining and granting leave to proceed against insurer refused

Orders

  • ["Plaintiffs' interlocutory process filed on 29 February 2008 dismissed" 'Plaintiffs to pay costs of QBE Insurance (Australia) Limited of and incidental to the interlocutory process' "Plaintiffs directed to inform defendant's liquidator in writing within fourteen days whether s 500(2) Corporations Act claim is...