Global Constructions Australia Pty Ltd (in liq) v AIG Australia Limited (No 2) [2018] FCA 100

Global Constructions Australia Pty Ltd (in liq) v AIG Australia Limited (No 2) [2018] FCA 100

The insurance policy's sub-limit applies after set-off of the shareholder loan account. Quantum has not been finally determined due to ongoing disputes regarding figures; thus, procedural directions are necessary for resolution.

Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Commercial and Corporations / Interlocutory / Post Judgment Management
Outcome
Directions for further statements regarding quantification; no final judgment sum ordered at this stage.
Legal Topics
['policy Interpretation' 'quantification of Claim' 'set Off Against Liability']
['commercial Law' 'insurance Law'] ['policy Interpretation' 'quantification of Claim' 'set Off Against Liability']

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Procedural Posture

Commercial and Corporations / Interlocutory / Post Judgment Management

Legal Issues

  1. 1 ['Whether the sub-limit of liability is to be applied after set-off of shareholder loan account against insured loss' "Whether quantum of insured's claim is agreed or still in dispute"]

Ratio Decidendi

The insurance policy's sub-limit applies after set-off of the shareholder loan account. Quantum has not been finally determined due to ongoing disputes regarding figures; thus, procedural directions are necessary for resolution.

Court Disposition

Directions for further statements regarding quantification; no final judgment sum ordered at this stage.

Orders

  • ["On or before 23 February 2018, the respondent file and serve a statement of no more than one page setting out what it says the issues are in relation to quantification of the applicant's claim and its position with respect to each issue." 'On or before 2 March 2018, the parties each file a statement of no more...