Federal Court of Australia
4. 1 we ee eee nen ae "nomena mee ee we - - os ee
CATCHWORDS ADMINISTRATIVE LAN - Insurance - Notice given by Treasurer to
appellant under s.62 Insurance Act 1973 - No prior opportunity to be heard given to appellant - Provision in s.63 Insurance Act 1973 for review by A.A.T. of Treasurer's decision to issue notice - whether requirement that natural justice be accorded appellant satisfied by existence of right of review by A.A.T. - whether in all cases any duty to accord prior hearing excluded by right of review - importance of facts in a particular case.
Insurance Act 1973 (Cth) ss.52. 60, 62, 63 Adminis ive Decisions (Judic Review) Act 1977 s3.5(1)(a)
Administrative Appeals Tribunal Act 1975
Twist v. Randwick Municipal Council (1976) 136 C.L.R. 106 cons. F.A.I. Insurances Limited v. Winneke (1982) 151 C.L.R. 342 ref'd £o
Kioa_v. West (1986) 60 A.L.J.R. 113 cons.
R. v. Marks; ex parte Australian Building Construction Emplovees Builders Labourers Federation (1981) 147 C.L.R. 471 ref'd to
MARINE HULL & LIABILITY INSURANCE COMPANY LIMITED v. CHRIS fe) & OR .
NO. G341 OF 1985
CORAM: FOX, DAVIES & MORLING JJ.
DATE : 18 JUNE 1986
SYDNEY KI Pa 40S ' io rT a Sy ~ 1 "Th — #8 yy = PEE Sy, N 1986 CoN wes!
IN_THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No.G341 of 1985
ed
GENERAL DIVISION
ON APPEAL froma single judge of the Federal Court of Australia
BETWEEN :
MARINE HULL & LIABILITY INSURANCE COMPANY LIMITED
Appellant AND:
CHRIS HURFORD
First Respondent
AND:
THE INSURANCE COMMISSIONER
Second Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER: FOX, DAVIES & MORLING JJ. DATE OF ORDER: 18 JUNE 1986 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. -
2. The appellant pay the respondents' costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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