Worth v HDI Global Specialty SE [2021] NSWCA 185

INSURANCE – where appellant’s house destroyed in a fire – where house used to operate a business – where house and business insured by respondent – where respondent granted conditional indemnity under deed of release – where respondent then denied liability on basis fire deliberately lit by insured – whether primary judge erred in finding appellant deliberately started fire
 
INSURANCE – measure of indemnity – where lack of reasonable despatch in rectifying property – whether indemnity for property damage payable on reinstatement basis
 
INSURANCE – damages – whether damages available for consequential loss arising from insurer’s breach of promise to indemnify – whether damages available for inconvenience and distress caused by breach

Tim Castle SC appeared for the Appellant.

Reasons for the decision can be found here.

Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 110

ARBITRATION – international arbitration – enforcement of award – where supervisory court appointed the arbitral tribunal – whether composition of the arbitral tribunal was in accordance with the agreement of the parties – comity – whether enforcing court should accept that the appointment of the tribunal by the supervisory court was in accordance with the agreement of the parties

ARBITRATION – international arbitration – enforcement of award – nature of the burden of proving a ground for non-enforcement – whether discretion to enforce award should nevertheless be exercised – nature of the discretion

PRACTICE AND PROCEDURE – settlement – where parties settled “in principle” – where judgment was complete subject to administrative matters prior to settlement – whether Court can hand down judgment notwithstanding settlement “in principle” – Court has a discretion to hand down judgment where it is in the public interest to do so

Tim Castle SC appeared for the Respondent.

Reasons for the decision can be found here.

Rosebridge Nominees Pty Ltd (IN LIQ) and Commissioner of Taxation (Taxation) [2019] AATA 426

TAXATION – GST – time limits on entitlement to claim input tax credits and GST refunds – whether special rules relating to representatives of incapacitated entities provide exemption from time limits – whether reviewable GST decision – objection decision affirmed.

Tim Castle represented the Applicant.

Reasons for the judgement can be found here.

Commonwealth Bank of Australia v Daleport Pty Ltd (in receivership) (No 5) [2018] NSWSC 1935

COSTS – application for costs order entered be varied – application for gross sum costs order – where defendant rejected the plaintiff’s offer of payment and sought assessment of costs – where plaintiff previously sought assessment of costs and opposed any lump sum quantification - whether plaintiff’s position should be characterised as a capitulation.

Tim Castle represented the Plaintiff.

Reasons for the judgement can be found here.

Ozmen Entertainment Pty Ltd v Neptune Hospitality Pty Ltd [2017] FCA 1124

ADMIRALTY – joint venture to operate hospitality business aboard vessel – agreement to charter and license vessel

PRACTICE AND PROCEDURE – interlocutory application for order to appoint receiver and manager to take control of vessel and business operated on-board – whether there is a serious question to be tried – balance of convenience – whether damages are an adequate remedy – application dismissed – undertakings to Court noted

Tim Castle SC appeared for the Plaintiffs.

Reasons for the decision can be found here.