Business interruption insurance: the Trends Clause

The issue before Jackson J in the Federal Court of Australia in Koolan Iron Ore Pty Ltd v Infrassure Ltd (No 2) [2023] FCA 1654 was the extent to which a business interruption loss was to be adjusted under the "trends clause" to take account of plans that the assured had for the insured site at the date of the occurrence of the insured peril

Koolan: the facts