FEDERAL COURT OF AUSTRALIA
NSD 1853 of 2016
Date of judgment:
Date of last submissions:
13 September 2017
New South Wales
National Practice Area:
Commercial and Corporations
Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs:
Solicitor for the Applicant:
William Roberts Lawyers
Counsel for the Respondent:
The Respondent did not appear
DATE OF ORDER:
THE COURT ORDERS THAT:
THE COURT DECLARES THAT:
2. On 19 October 2016, the applicant validly refused to pay claims made by the respondent pursuant to s 56(1) of the Insurance Contracts Act 1984 (Cth).
3. The contract of insurance between the applicant and the respondent was validly cancelled by the applicant on 19 October 2016.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
1 On 11 September 2017, I made orders in relation to this matter and published reasons: see AIA Australia Ltd v Richards (No 3)  FCA 1069. I directed that the applicant file a schedule of sums paid after February 2016, together with pre-judgment interest thereof. I attach the schedule which was filed on 13 September 2017. I have checked that schedule and there is an inaccuracy. The judgment sum should be $90.85 less than the sum indicated of $69,813.56. Therefore, the orders that I make will include an order for judgment in the sum of $69,722.71.
2 In accordance with my reasons in Richards (No 3), the applicant is also entitled to the declarations sought in prayers 1(a) and (b) of the interlocutory application filed 21 July 2017.
3 I have already made an order for costs.
4 Therefore, the orders I would make, in addition to the orders made on 11 September 2017 are as follows:
1. Judgment be entered in favour of the applicant including pre-judgment interest up to 20 September 2017 in the sum of $69,722.71.
2. Declare that:
(a) on 19 October 2016, the applicant validly refused to pay claims made by the respondent pursuant to s 56(1) of the Insurance Contracts Act 1984 (Cth); and
(b) the contract of insurance between the applicant and the respondent was validly cancelled by the applicant on 19 October 2016.
ANNEXURE A – SCHEDULE OF CLAIMED PAYMENTS AND INVESTIGATION COSTS
ANNEXURE B – CORRECTED SCHEDULE OF CLAIMED PAYMENTS AND INVESTIGATION COSTS