CGU Insurance Ltd v Blakeley
Jurisdiction | Australia Federal only |
Judge | French CJ,Kiefel,Bell,Keane JJ,Nettle J |
Judgment Date | 11 February 2016 |
Neutral Citation | [2016] HCA 2 |
Docket Number | M221/2015 |
Court | High Court |
Date | 11 February 2016 |
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44 cases
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Burns v Corbett; Burns v Gaynor; Attorney General for New South Wales v Burns; Attorney General for New South Wales v Burns; New South Wales v Burns
...HCA 20; Fencott v Muller (1983) 152 CLR 570 at 603; [1983] HCA 12; CGU Insurance Ltd v Blakeley (2016) 259 CLR 339 at 351 [27], 352 [30]; [2016] HCA 2. 69Rizeq v Western Australia (2017) 91 ALJR 707 at 718 [50]; 344 ALR 421 at 432; [2017] HCA 23, quoting Baxter v Commissioners of Taxation (......
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Clarence City Council v Commonwealth of Australia
...convenient starting point is the observation by the plurality of French CJ, Kiefel, Bell and Keane JJ in CGU Insurance Limited v Blakeley [2016] HCA 2; 259 CLR 339 (CGU) at [27] that the requirement for a “matter” has two elements: the “subject matter” element and the “justiciability” 53 Fo......
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McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
...HCA 24; 171 CLR 1 Burgess v Commonwealth of Australia [2020] FCA 670; 378 ALR 501 Bushell’s Case 2 Jon 13 CGU Insurance Limited v Blakeley [2016] HCA 2; 259 CLR 339 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs [1992] HCA 64; 176 CLR 1 Coco v The Queen [1994]......
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Clive Frederick Palmer(Plaintiff) v Marcus William Ayres, Stephen James Parbery and Michael Andrew Owen in their Capacities as Liquidators of Queensland Nickel Pty Ltd (in Liquidation) and Others
...(2006) 231 CLR 334 at 345 [29], 346 [32]; [2006] HCA 62. 24CGU InsuranceLtd v Blakeley (2016) 90 ALJR 272 at 279 [25]; 327 ALR 564 at 571; [2016] HCA 2. 25CGU Insurance (2016) 90 ALJR 272 at 279 [24]; 327 ALR 564 at 571 quoting Ah Yick v Lehmert (1905) 2 CLR 593 at 603; [1905] HCA 22. 26CGU......
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3 firm's commentaries
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High Court confirms: Insurers of insolvent companies can be joined to proceedings
...CGU Insurance Limited v Blakeley &Ors[2016] HCA 2 (11 February Key Points High Court confirms certain third party claimants may apply to join insurers directly to proceedings against an insolvent company when indemnity has been declined Background Akron Roads Pty Ltd (in liquidation) (A......
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Commercial Disputes and Insolvency: Insurers can be joined by third parties when denying indemnity
...Insurance Ltd v Blakeley & Ors [2016] HCA 2 This recent decision by the High Court expands the possibilities for claimants to recover in some circumstances where an insolvent company has potentially applicable insurance, even where the relevant insurer denies indemnity This decision is ......
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Insurers must come to the liquidator's party
...denial of liability; and the defendant is unable or unwilling to pursue the claim against the insurer (CGU Insurance Limited v Blakeley [2016] HCA 2). This ought to prevent insurers from denying liability or sitting on the fence as a strategy to frustrate claims by those who have a real int......
1 books & journal articles
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Reconceiving Judicial Office Through a Labour Law Lens
...Aboriginal Legal Aid Service Inc v Bradley (2004) 218 CLR 146, 152 [3] (Gleeson CJ).77. See, eg, CGU Insurance Limited v Blakeley [2016] HCA 2.78. (2003) 215 CLR 185.79. Ibid 208 (Gleeson CJ). See also at 306–7 (Kirby J).80. Ibid 219 (Gleeson CJ). See also at 263 (Gaudron, Gummow and Hayne ......