Egis Consulting Aust. Pty. Ltd. v. Kvaerner Oil & Gas Aust. Pty. Ltd. & Anor. [2003] NSWCA 291

Egis Consulting Aust. Pty. Ltd. v. Kvaerner Oil & Gas Aust. Pty. Ltd. & Anor. [2003] NSWCA 291

The joint venture clause in the insurance policy is limited to indemnifying the insured only, and not other parties to the joint venture. The appeal fails both on the insurance clause interpretation and on the net payment issue, as the reduction by the cross-claim set-off was ultimately for Kvaerner's benefit under the relevant deeds.

Parties
Appellant: Egis Consulting Australia Pty Limited; First Respondent: Kvaerner Oil & Gas Australia Pty Limited; Second Respondent: Storebrand Skadeforsikring AS
Jurisdiction
Australia
Judgment Date
30 September 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed with costs
Legal Topics
Construction of Insurance Contracts, Joint Venture Clauses, Contribution, Indemnity
Insurance Law Contract Law Joint Ventures Construction of Insurance Contracts Joint Venture Clauses Contribution Indemnity

Case Brief

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Parties

Egis Consulting Australia Pty Limited

Appellant

Kvaerner Oil & Gas Australia Pty Limited

First Respondent

Storebrand Skadeforsikring AS

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the joint venture clause of the insurance policy extends indemnity to parties other than the insured
  2. 2 Whether contribution from a venturer should be reduced by the proceeds of a cross-claim set-off

Ratio Decidendi

The joint venture clause in the insurance policy is limited to indemnifying the insured only, and not other parties to the joint venture. The appeal fails both on the insurance clause interpretation and on the net payment issue, as the reduction by the cross-claim set-off was ultimately for Kvaerner's benefit under the relevant deeds.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay the respondents' costs of the appeal