Liberty Mutual Insurance Company Australian Branch trading as Liberty Specialty Markets v Icon Co (NSW) Pty Ltd (No 2) [2021] FCAFC 131 (29 July 2021) (Allsop CJ, Besanko and Middleton JJ)


Orders:


(1) The appeal be allowed.

(2) Declaration 8 made on 26 October 2020 in VID781/2019 be set aside by consent.

(3) Order 4 and declaration 7 made on 26 October 2020 in VID781/2019 be set aside and in lieu thereof it be ordered that:

(a) the third further amended originating application by the applicant (Icon) as against the second respondent (QBE) be dismissed; and

(b) Icon pay QBE’s costs of the proceeding to be agreed or assessed.

(4) Icon pay QBE’s costs of the appeal as agreed or…