Permanent Custodians Limited v ARMA Pty Limited (No 2) [2006] FCA 847

Permanent Custodians Limited v ARMA Pty Limited (No 2) [2006] FCA 847

Due to unresolved evidentiary and policy construction issues, and complexities arising from director records and insurance policy terms, leave should be granted to join Macquarie Underwriting Pty Limited and SVB Syndicates Ltd as respondents, with costs reserved and further liberty to apply.

Parties
Applicant: Permanent Custodians Limited; First Respondent: ARMA Pty Limited; Second Respondent: Neil Teves
Jurisdiction
Australia
Judgment Date
04 July 2006
Procedural Posture
Insurance – Professional Indemnity / Interlocutory Orders Regarding Joinder of Additional Parties
Outcome
interlocutory orders granted for joinder and reservation of costs
Legal Topics
Joinder of Parties, Professional Indemnity, Relief Against Insurers, Construction of Insurance Policies
Insurance Law Procedure Joinder of Parties Professional Indemnity Relief Against Insurers Construction of Insurance Policies

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Parties

Permanent Custodians Limited

Applicant

ARMA Pty Limited

First Respondent

Neil Teves

Second Respondent

Procedural Posture

Insurance – Professional Indemnity / Interlocutory Orders Regarding Joinder of Additional Parties

Legal Issues

  1. 1 Whether Macquarie Underwriting Pty Limited and SVB Syndicates Ltd should be joined as additional respondents under s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW)
  2. 2 Construction of indemnity provisions in insurance policies
  3. 3 Entitlement to indemnity against undisclosed principal insurers

Ratio Decidendi

Due to unresolved evidentiary and policy construction issues, and complexities arising from director records and insurance policy terms, leave should be granted to join Macquarie Underwriting Pty Limited and SVB Syndicates Ltd as respondents, with costs reserved and further liberty to apply.

Court Disposition

interlocutory orders granted for joinder and reservation of costs

Orders

  • Leave granted to applicant to join Macquarie Underwriting Pty Limited and SVB Syndicates Ltd as respondents.
  • Costs of application reserved.