Todd v Alterra at Lloyds Ltd (on behalf of the underwriting members of Syndicate 1400) (No 2) [2016] FCAFC 55

Todd v Alterra at Lloyds Ltd (on behalf of the underwriting members of Syndicate 1400) (No 2) [2016] FCAFC 55

Because the parties had agreed on amended orders and the amendments accounted for the appellant's partial discharge of liability under the Settlement Agreement and ongoing disputes regarding Defence Costs and the Self-Retained Aggregate, the Court considered it appropriate to vacate the orders made on 19 February 2016 and substitute the agreed orders.

Jurisdiction
Australia
Judgment Date
05 April 2016
Procedural Posture
Appeal / Amendment and Substitution of Orders After Judgment
Outcome
Orders made on 19 February 2016 vacated and substituted; appeal allowed with costs; dismissal of the appellant's cross-claim set aside; declarations and payment orders made; separate questions referred for further hearing.
Legal Topics
['amendment of Orders' 'insurance Indemnity' 'defence Costs' 'self Retained Aggregate' 'partial Discharge of Liability']
['practice and Procedure' 'insurance' 'commercial and Corporations' 'corporations and Corporate Insolvency'] ['amendment of Orders' 'insurance Indemnity' 'defence Costs' 'self Retained Aggregate' 'partial Discharge of Liability']

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Procedural Posture

Appeal / Amendment and Substitution of Orders After Judgment

Legal Issues

  1. 1 ["Whether the orders made on 19 February 2016 should be vacated and substituted with agreed amended orders to give effect to the Court's reasons." 'Whether the amended orders should account for the appellant having discharged some but not all of his liability and for ongoing disputes about Defence Costs and the Self-Retained Aggregate.']

Ratio Decidendi

Because the parties had agreed on amended orders and the amendments accounted for the appellant's partial discharge of liability under the Settlement Agreement and ongoing disputes regarding Defence Costs and the Self-Retained Aggregate, the Court considered it appropriate to vacate the orders made on 19 February 2016 and substitute the agreed orders.

Court Disposition

Orders made on 19 February 2016 vacated and substituted; appeal allowed with costs; dismissal of the appellant's cross-claim set aside; declarations and payment orders made; separate questions referred for further hearing.

Orders

  • ['The orders made on 19 February 2016 be vacated and in lieu thereof the following be ordered.' 'The appeal be allowed with costs.' "Order 1 of the Court made on 6 March 2015 dismissing the Appellant's cross-claim be set aside." "Declare that the Financial Services Errors and Omissions Insurance Policy B 0309 WP...