In Wadren Pty Ltd v Algeri [2024] QSC 109, the Supreme Court of Queensland addressed an application by Wadren Pty Ltd and QIC Werribee Pty Ltd for the disclosure of documents and information from the administrators of Probuild Constructions (Aust) Pty Ltd regarding insurance policies. The applicants sought this disclosure to evaluate whether to proceed with claims related to structural and non-structural defects in a shopping centre built by Probuild. Key issues included whether the doctrine of Anshun estoppel applied, whether the application constituted an abuse of process, and if a temporary stay should be ordered pending Victorian proceedings. The Court determined that Anshun estoppel did not apply, and the application was not an abuse of process. However, the Court directed the scope of documents to be disclosed should be limited and necessary to allow the applicants to assess the commerciality of their claims. The parties were instructed to provide draft orders, considering confidentiality concerns and costs.
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