| Aon Risk Services Australia Ltd v Australian National University | |
|---|---|
 | |
| Court | High Court of Australia |
| Case history | |
| Appealed from | ACT Supreme Court of Appeal |
| Court membership | |
| Judges sitting | French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ |
Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 (Aon v ANU) is a decision by the High Court of Australia (High Court). After a bushfire destroyed property and equipment at the Australian National University's (ANU) Mount Stromlo campus near Canberra, the university lodged an insurance claim. After its insurers disputed the claim on various grounds, ANU commenced legal proceedings against them, later adding its insurance broker, Aon, to the proceedings, arguing it had been negligent in placing the insurance policies. After settling with the insurers, ANU was granted the right to amend their case against Aon. Aon challenged the decision to allow this amendment in the High Court.
The High Court confirmed that the right for a party in a court case would not be granted sheerly because an amendment raises an arguable issue, but only according to the principles of effectively managing legal cases to justly resolve the issues between the parties. Aon v ANU reversed the previous decision of Queensland v JL Holdings which had held the most important consideration when assessing such a request was the consideration of justice, and that any inconvenience to the other party was curable by awarding costs against the amender.