Westport Insurance Corporation v Gordian Runoff Ltd

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HEYDON, CRENNAN, KIEFEL AND BELL JJMatter No S110/2010WESTPORT INSURANCE CORPORATION & ORS  APPLICANTSANDGORDIAN RUNOFF LIMITED  RESPONDENTMatter No S219/2010WESTPORT INSURANCE CORPORATION & ORS  APPELLANTSANDGORDIAN RUNOFF LIMITED  RESPONDENTWestport Insurance Corporation v Gordian Runoff Limited [2011] HCA 375 October 2011S110/2010 & S219/2010ORDERMatter No S110/20101.Grant special leave to include, as a further ground of appeal in Matter No S219/2010, ground 5 of the applicants' draft notice of appeal.2.        The respondent pay the applicants' costs.Matter No S219/20101.        Appeal allowed.2.Set aside orders 2, 3 and 4 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 1 April 2010 and, in place thereof, order that the appeal to that Court be dismissed with costs.3.        The respondent pay the appellants' costs of the appeal to this Court.On appeal from the Supreme Court of New South WalesRepresentationB W Walker SC with T M Mehigan for the applicants/appellants (instructed by Allens Arthur Robinson Lawyers)I M Jackman SC with T M Faulkner for the respondent (instructed by Mallesons Stephen Jaques)S J Gageler SC, Solicitor-General of the Commonwealth with M J O'Meara appearing as amicus curiae on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)D F Jackson QC with M F Holmes QC and J A Redwood appearing as amici curiae on behalf of the Australian Centre for International Commercial Arbitration Limited & Ors (instructed by Corrs Chambers Westgarth)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to...