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Helicopter Aerial Surveys Pty Ltd v NTI Ltd [2025] FCA 265

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PRACTICE AND PROCEDURE – Interlocutory application for orders to join Insurance Australia Limited as the respondent and remove NTI Ltd as the respondent – Where incorrect entity was sued – Where applicant seeks to recover amount payable from insurer following judgment debt and costs order in FCCA proceedings – Application granted COSTS – Where outgoing respondent asserted it was the relevant insurer – Where applicant sought clarification of NTI Ltd’s role and which entity was the insurer – Where applicant foreshadowed a claim under s 601AG of the Corporations Act 2001 (Cth) – Where outgoing respondent later said it was the appointed claims manager, not the relevant insurer – Where outgoing respondent failed to clarify that the insurance business had been transferred to Insurance Australia Limited – The parties pay their own costs of the proceedings to date – The outgoing respondent pay the applicant’s costs of and in relation to the interlocutory hearing

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