FEDERAL COURT OF AUSTRALIA

 

CGU Insurance Limited v Malaysia International Shipping Corporation Berhad [2001] FCA 1223

 


CGU INSURANCE LIMITED AND ZURICH AUSTRALIA INSURANCE LIMITED, ROYAL & SUN ALLIANCE AUSTRALIA INSURANCE LIMITED, CHUBB INSURANCE COMPANY OF AUSTRALIA LIMITED, AMERICAN HOME ASSURANCE COMPANY, CERTAIN UNDERWRITERS AT LLOYDS, PHREAR RUGS v MALAYSIA INTERNATIONAL SHIPPING CORPORATION BERHAD

N 1266 OF 2000

 

 

 

 

TAMBERLIN J

SYDNEY

5 OCTOBER 2001



IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

IN ADMIRALTY

N 1266 OF 2000

 

BETWEEN:

CGU INSURANCE LIMITED AND ZURICH AUSTRALIA INSURANCE LIMITED

FIRST PLAINTIFFS

 

ROYAL & SUN ALLIANCE AUSTRALIA INSURANCE LIMITED

SECOND PLAINTIFF

 

CHUBB INSURANCE COMPANY OF AUSTRALIA LIMITED

THIRD PLAINTIFF

 

AMERICAN HOME ASSURANCE COMPANY

FOURTH PLAINTIFF

 

CERTAIN UNDERWRITERS AT LLOYDS

FIFTH PLAINTIFF

 

PHREAR RUGS

SIXTH PLAINTIFF

 

AND:

MALAYSIA INTERNATIONAL SHIPPING CORPORATION BERHAD

DEFENDANT

 

 

JUDGE:

TAMBERLIN

DATE:

5 OCTOBER 2001

PLACE:

SYDNEY

 

CORRIGENDUM

 

In par 8 of the reasons for judgment, the quoted affidavit should read:


16.       … On 23 November 2000 I had a further telephone conversation with Mr Elsworth (also with Mr Craig Carter, also of Ebsworth & Ebsworth).  Mr Elsworth and Mr Carter informed me that they could not, at that time, consent to my request for access to the Vessel and her papers. …


In par 18 delete the words “24 December 2000”, and replace with “24 November 2000”.


I certify that this is a true copy                                                  

of the Corrigendum made to the                                                           

reasons for judgment in this matter                                                         Associate:

of the Honourable Justice Tamberlin                                                      Date: 12 October 2001