ARTICLE · 15 OCTOBER 2014

Opes Prime and the jurisdictional reach of section 6: a postscript to Chubb v Moore

Colin Biggers & Paisley

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Recent NSW and Victoria decisions addressed the consequences of Chubb v Moore, which restricted indemnity claims to NSW.

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In brief - Recent NSW and Victoria decisions address consequences of Chubb v Moore

Two recent decisions in the long running Opes Prime litigation, a decision of the NSW Supreme Court in Opes Prime Stockbroking Ltd (In Liq) (Scheme Administrators Appointed) v Stevens [2014] NSWSC 659 in May 2014, and of the Victorian Supreme Court in Opes Prime Stockbroking Pty Ltd (In Liq) (Scheme Administrators Appointed) v Stevens [2014] VSC 322 in June 2014, address some of the consequences of the 2013 decision of the NSW Court of Appeal in Chubb v Moore.

Section 6 of the Law Reform (Miscellaneous Provisions) Act

In July 2013, in our earlier article Australia's Bridgecorp handed down, we reported on the decision of the Court of Appeal of the Supreme Court of NSW in Chubb Insurance Company of Australia v Moore [2013] NSWCA 212. We noted that the decision brought welcome clarity to the operation of section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW).

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