Ensham Resources Pty Limited v AIOI Insurance Company Limited [2012] FCA 822

Ensham Resources Pty Limited v AIOI Insurance Company Limited [2012] FCA 822

Given the likelihood of duplication of arguments, the substantive nature of the privilege issues, and their general importance, it is efficient and appropriate that the application for leave to appeal be heard and determined by a Full Court and that it be heard at the same time as any appeal.

Jurisdiction
Australia
Judgment Date
02 August 2012
Procedural Posture
Interlocutory Application / Application for Leave to Appeal
Outcome
Application for leave to appeal to be heard and determined by a Full Court; application for leave to appeal to be heard at the same time as any appeal; costs in the appeal.
Legal Topics
['interlocutory Appeals' 'legal Professional Privilege' 'case Management']
['civil Procedure'] ['interlocutory Appeals' 'legal Professional Privilege' 'case Management']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Interlocutory Application / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be heard and determined by a Full Court under s 25(2)(e) of the Federal Court of Australia Act 1976 (Cth)' 'Whether the application for leave to appeal should be heard concurrently with the appeal' 'Whether the primary judge correctly determined issues relating to legal professional privilege over loss adjuster’s reports' 'Relevance of the duty of utmost good faith under the Insurance Contracts Act 1984 (Cth) to privilege']

Ratio Decidendi

Given the likelihood of duplication of arguments, the substantive nature of the privilege issues, and their general importance, it is efficient and appropriate that the application for leave to appeal be heard and determined by a Full Court and that it be heard at the same time as any appeal.

Court Disposition

Application for leave to appeal to be heard and determined by a Full Court; application for leave to appeal to be heard at the same time as any appeal; costs in the appeal.

Orders

  • ['Pursuant to s 25(2)(e) of the Federal Court of Australia Act 1976 (Cth), the application for leave to appeal be heard and determined by a Full Court.' 'Subject to any contrary direction by the Full Court, the application for leave to appeal is to be heard at the same time as any appeal.' 'Costs be costs in the...