› whether insurance liabilities are debts within the meaning of s 95A - whether a liability to pay unliquidated damages is a debt within the meaning of s 95A
› conflict of authority
› bound to hold that liability to pay unliquidated damages is not a debt within the meaning of s 95A
› contingent debts within s 95A even where s 459D does not apply
Contract
› reinsurance policies - indemnity
› nature of liability under an indemnity
› whether always a liability to pay unliquidated damages for failure to protect indemnified party from loss
› indemnity in respect of paid losses in respect of a quantified sum
› in certain circumstances the pre-Judicature Acts remedy was on a common count for money paid rather than damages
› liability lies in debt
Corporations
› solvency
› use of hindsight to value insurance liabilities
› insurance liabilities were debts within meaning of s 95A
› reinsurer insolvent
Case Details
Citation[2008] NSWSC 1015
CourtNSWSC
JurisdictionNew South Wales
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