Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd [2011] FCAFC 53 Citation: Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd [2011] FCAFC 53
Appeal from: Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd [2010] FCA 274 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 2) [2010] FCA 275 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 3) [2010] FCA 428 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 4) [2010] FCA 482 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 5) [2010] FCA 630
Parties: SAGACIOUS LEGAL PTY LIMITED v WESFARMERS GENERAL INSURANCE LIMITED
File number: NSD 651 of 2010
Judges: BESANKO, PERRAM & KATZMANN JJ
Date of judgment: 13 April 2011
Catchwords: INSURANCE – insured's duty of disclosure – duty of disclosure under s 21 Insurance Act 1974 (Cth) – alleged ambiguity in proposal for policy for insurance – whether trial judge erred in finding misrepresentation by insured and non-disclosure of cancellation of driver's licence more than 3 years earlier EVIDENCE – Credibility – Jones v Dunkel – witness not called by applicant - agreement between counsel not to make Jones v Dunkel argument - whether trial judge erred in making adverse findings against person who did not give evidence – affect of adverse findings PRACTICE AND PROCEDURE – Pleadings – amendments - application to amend Reply on first day of hearing – whether trial judge erred in refusing leave to amend Reply – principles relevant to grant of leave to amend pleading COSTS – Indemnity costs – whether trial judge erred in making an order for costs on indemnity basis – principles relevant to order for indemnity costs – indemnity costs appropriate
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