High Court of Australia

CGU Insurance Limited v Blakeley [2016] HCA 2

11 Feb 2016

Case Number: M221/2015

Before

French CJ, Kiefel, Bell, Keane, Nettle JJ

Catchwords

Procedure – Joinder of third parties – Where liquidators of company brought action in Supreme Court of Victoria against company directors for order under s 588M(2) of Corporations Act 2001 (Cth) – Where liquidators sought to join third party insurer after directors' claim for professional indemnity rejected – Where directors not in position to challenge denial of liability under contract of insurance – Whether Supreme Court had jurisdiction to join third party insurer and grant declaratory relief in relation to private insurance contract between directors and third party insurer.

Jurisdiction – Federal jurisdiction – Meaning of matter – Meaning of justiciable controversy.

Words and phrases – "declaratory relief", "federal jurisdiction", "joinder", "justiciable controversy", "matter", "privity", "real interest".

Constitution – s 76(ii).

Bankruptcy Act 1966 (Cth) – s 117.

Corporations Act 2001 (Cth) – ss 562, 588G, 588M(2).

Judiciary Act 1903 (Cth) – ss 39(2), 79.

Supreme Court Act 1986 (Vic) – s 36.

Supreme Court (General Civil Procedure) Rules 2005 (Vic) – r 9. 06.

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