Mccarthy v St Paul International Insurance Company Ltd

JurisdictionAustralia Federal only
Judgment Date2007
Neutral Citation[2007] FCAFC 28,2007-0314 FCA D
Date2007
Year2007
CourtFull Federal Court (Australia)

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11 cases
  • The Financial Conduct Authority v Arch Insurance (UK) Ltd and Others
    • United Kingdom
    • Supreme Court
    • 15 January 2021
    ... ... Insurance Co Ltd (The Miss Jay Jay) [1987] 1 Ll Rep 32 and International Energy Group Ltd v Zurich Insurance plc UK [2015] UKSC 33 ; [2016] AC 509 ... McCarthy v St Paul International Insurance Co Ltd [2007] FCAFC 28 ; (2007) ... Grant (instructed by Allen & Overy LLP) for Hiscox Insurance Company Ltd ... Craig Orr QC, Andrew Rigney QC, Caroline McColgan and ... ...
  • Swiss Re International Se v LCA Marrickville Pty Limited (Second COVID-19 insurance test cases)
    • Australia
    • Federal Court
    • 8 October 2021
    ...590 McCann v Switzerland Insurance Australia Limited [2000] HCA 65; (2000) 203 CLR 579 McCarthy v St Paul International Insurance Co Ltd [2007] FCAFC 28; (2007) 157 FCR 402 Mitchell v Latrobe Regional Hospital [2016] VSCA 342; (2016) 51 VR 581 Munro Brice & Co v War Risks Association Ltd [1......
  • LCA Marrickville Pty Limited v Swiss Re International SE
    • Australia
    • Full Federal Court (Australia)
    • 21 February 2022
    ...does not need to be a single dominant, proximate or effective cause of loss or damage: McCarthy v St Paul International Insurance Co Ltd [2007] FCAFC 28; 157 FCR 402 at 430 [90]. In City Centre Cold Storage Pty Ltd v Preservatrice Skandia Insurance Ltd (1985) 3 NSWLR 739 (referred to in McC......
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4 firm's commentaries
  • Does Derksen 'Bazooka' Wayne Tank?
    • Australia
    • Mondaq Australia
    • 7 June 2018
    ...can be understood in the context of serial or interdependent causes. As Alsop J explained in McCarthy v St Paul Insurance Co Ltd [2007] FCAFC 28; 157 FCR 402; 239 ALR 527 : "Given that the two causes are interdependent and the loss would not have occurred without the operative effect of the......
  • 'Dishonesty And Fraud Exclusion In PI Policy: Court Affirms Wayne Tank Principle And As To Defence Costs Entitlements': Mccarthy -v- St Paul International Insurance Co Ltd [2007] FCAFC 2
    • Australia
    • Mondaq Australia
    • 19 June 2007
    ...Date: March 14, 2007 McCarthy -v- St Paul International Insurance Co Ltd [2007] FCAFC 28 Kiefel, Stone and Allsop In Brief The Full Federal Court has confirmed the Wayne Tank principle, which denies indemnity for a loss arising from both insured and excluded events. An excluded cause of a l......
  • Policy Coverage Weathering The Storm Revisited
    • Australia
    • Mondaq Australia
    • 15 April 2008
    ...was not liable. (This effectively followed a recent decision in the Federal Court of McCarthy v St. Paul International Insurance Co. Ltd [2007] FCAFC 28.) Small win for the Clause D5 in the policy, ?Basis of settlement', provided that insurers would pay the extra costs of reinstatement nece......
  • Corporate Risk And Insurance Update
    • Australia
    • Mondaq Australia
    • 15 April 2008
    ...Lumley General Insurance Limited [2006] NSWSC 337. Following the recent decision of McCarthy v St. Paul International Insurance Co. Ltd [2007] FCAFC 28. Sydney Wendy t (02) 9931 4922 e wblacker@nsw.gadens.com.au Melbourne Stuart Eustice t (03) 9252 2594 e seustice@vic.gadens.com.au Brisbane......