Admiral International Pty Ltd v Insurance Australia Ltd; Brightcity International Trading Pty Ltd v Admiral International Pty Ltd [2021] NSWSC 1440 — Claim For Indemnity & Claim By Owner Of Goods — Barrister AI

Admiral International Pty Ltd v Insurance Australia Ltd; Brightcity International Trading Pty Ltd v Admiral International Pty Ltd

[2021] NSWSC 1440

Supreme Court of NSW

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Interrogate

Catchwords

1. Insurance
2. › claim for indemnity
3. › warehouse fire
4. › theft of goods prior to fire
5. › whether insured knew fire was to be started and consented to it
6. › identification of the insured’s active and directing mind
7. › fraud of individuals attributed to insured company
8. › insured disentitled from indemnity
1. Insurance
2. › claim by owner of goods
3. › not a party to warehouse operator’s policy
4. › construction of policy
5. › interpretation of “interests of other parties” clause
6. › s 48(1) of the Insurance Contracts Act 1984 (Cth)
1. Bailment
2. › Bailee
3. › Duties
4. › Breach of obligation to return goods or their value
5. › where bailed goods destroyed by fire
6. › failure to take reasonable care
7. › bailee liable for loss
8. › Tottenham Investments Pty Ltd v Carburettor Services Pty Ltd applied
1. Evidence
2. › Standard of proof
3. › Civil case
4. › where fraud sought to be inferred
5. › circumstantial evidence
6. › Bradshaw v McEwans Pty Ltd applied

Case Details

Citation[2021] NSWSC 1440

CourtNSWSC

JurisdictionNew South Wales

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Cited by4

2023Admiral International Pty Ltd v Insurance Australia Ltd (No 2)NSWCA 19
2022Admiral International Pty Ltd v Insurance Australia LtdNSWCA 277
2022Mie Force Pty Ltd v Allianz Australia Insurance LimitedNSWSC 1606
and 1 more after sign-in

Relies on17

2021Insurance Australia Ltd trading as CGU Insurance v MOS Beverages Pty LtdFCAFC 165
2020MOS Beverages Pty Ltd v Insurance Australia Ltd trading as CGU InsuranceFCA 1716
2009Gett v TabetNSWCA 76
2007Farah Constructions Pty Ltd v Say-Dee Pty LtdHCA 22
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