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Court of Appeal Update – BCC V Thera Agri

Briefing
30 March 2023
2 MIN READ
2 AUTHORS

The New South Wales Court of Appeal recently dismissed an appeal brought by Insurers in a trade credit insurance dispute. This represents another example of a common law court ruling in favour of policyholders following the non-payment by Phoenix, a global commodities trader which collapsed in 2020. The judgment provides useful guidance on how instances of alleged fraud may be interpreted in trade credit insurance policies.

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