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Full Court reserves judgment after BI appeal hearing

The Full Court has reserved its decision after last week concluding appeal hearings on the Insurance Council of Australia (ICA) second test case related to business interruption claims triggered by COVID-19 restrictions.

Justices Mark Moshinsky, Roger Derrington and Craig Colvin did not give any indication of when a judgment would be delivered, but ICA says it’s anticipated by the end of the year or shortly thereafter.

“This is an important step towards finalising this matter and we are grateful to the court for expediting the process so a determination can be reached as soon as possible,” ICA CEO Andrew Hall said.

The Full Court last week considered five claims arising from the ICA second test case hearings as well as an appeal from The Star Entertainment Group against Chubb and other insurers.

The hearings ended on Friday afternoon focusing on the appeal involving QBE and Educational World Travel, with arguments involving the relative influence of the Commonwealth overseas travel ban and Victorian workplace directions.

Counsel also made submissions over whether Victorian laws meant wordings citing the repealed Quarantine Act could be taken as referencing the replacement Biosecurity Act.

Earlier, the judges heard arguments on appeals involving Swiss Re and LCA Marrickville, IAG and Meridian Travel, IAG and The Taphouse Townsville and Chubb and Market Foods.

Federal Court Justice Jayne Jagot last month delivered a judgment largely in favour of insurers in the test case matters, while The Star case was separately heard by Federal Court Chief Justice James Allsop, who found in favour of the insurers.

Appeals were brought by both policyholders and insurers on a number of issues arising from Justice Jagot’s judgment.

Law firms say leave to appeal to the High Court could still be sought following the Full Court decision, which would see the legal proceedings extend well into next year.