Allianz Australia Insurance Ltd v GSF Australia Pty Ltd

HIGH COURT OF AUSTRALIAMcHUGH, GUMMOW, HAYNE, CALLINAN AND HEYDON JJALLIANZ AUSTRALIA INSURANCE LIMITED  APPELLANTANDGSF AUSTRALIA PTY LIMITED & ANOR  RESPONDENTSAllianz Australia Insurance Limited v GSF Australia Pty Limited[2005] HCA 2619 May 2005S247/2004ORDER1.Appeal allowed.2.The first respondent (GSF Australia Pty Ltd - "GSF") pay the costs of the appellant (Allianz Australia Insurance Ltd - "Allianz").3.Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 1 July 2003 and in their place order:(a)the appeal to the Court of Appeal is allowed;(b)GSF pay the costs of Allianz of the appeal to the Court of Appeal;(c)Orders 1, 4 and 5 of the orders of the District Court of New South Wales made on 14 June 2002 are set aside and in their place order:(i)judgment for the plaintiff against GSF in the sum of $450,000;(ii)      judgment for Allianz against GSF;(iii)     GSF pay the costs of Allianz in the District Court.On appeal from the Supreme Court of New South WalesRepresentation:K P Rewell SC with P S L Dooley for the appellant (instructed by TL Lawyers)L King SC with J W Catsanos for the respondent (instructed by Blake Dawson Waldron)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAllianz Australia Insurance Limited v GSF Australia Pty LtdInsurance – Motor vehicles – Third party liability insurance – Truck and trailer provided by first respondent to convey packed containers of food to airport – Appellant insurer of vehicle –...