Small Business Consortium Lloyd’s Consortium No 9056 v Angas Securities Limited [2015] NSWSC 1511 — Subrogation & General Contractual Principles — Barrister AI
Small Business Consortium Lloyd’s Consortium No 9056 v Angas Securities Limited
› effect of Deed of Release on rights of subrogation - Duty of utmost good faith
› distribution of funds recovered from defaulting borrower
› whether plaintiff in breach of duty of utmost good faith by seeking to rely on Deed of Release
› whether breach of the duty of utmost good faith to propose that insured execute Deed of Release without explicitly drawing to insured’s attention the fact that the deed altered insured’s rights of subrogation
Contracts
› general contractual principles
› construction and interpretation of contracts
› construction of Deed of Release
› clause dealing with the allocation of any money recovered from a third party
› whether reference to “any funds received” must be read as a reference to any funds received in respect of a loss in respect of which insured received an indemnity from insurer
Case Details
Citation[2015] NSWSC 1511
CourtNSWSC
JurisdictionNew South Wales
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