Gokora Pty Ltd v. Montgomery Jordan & Stevenson Pty Ltd & Anor [1986] FCA 294

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CATCHWORDS

TRADE PRACTICES - Negligence - Motor vehicle insurance - Instructions to brokers to effect insurance - Cover allowed to expire without issue of policy - Accidental damage to vehicle - Whether claim of negligence defeated by material non-disclosure - Representation on behalf of first respondent that insurance effected - Whether second respondent knowingly concerned in

contravention - Assessment of damages.

Trade Practices Act 1974 ss.52, 75B

Yorke v Lucas (1985) 61 ALR 307, Gates v City Mutual Life Assurance Sochety Limited (1986) 63 ALR 600 referred to.

NSW G.367 of 1985 GOKORA PTY LIMITED v MONTGOMERY JORDAN AND STEVENSON PTY LIMITED \-- = BOR

Wilcox J Sydney 24 July 1986

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IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY ) No. G.367 of 1985 ) )

GENERAL DIVISION

BETWEEN: GOKORA PTY LIMITED

Applicant

AND: MONTGOMERY JORDAN AND STEVENSON PTY LIMITED

First Respondent WENDY KAY WORBOYS

1 Second Respondent _—

\ _ _— : CORAM: WILCOX J { ' PLACE: SYDNEY , DATE: 24 JULY 1986 MINUTES OF ORDER

+ THE COURT ORDERS THAT:

1. Judgment be entered in favour of the applicant against

the first respondent in the sum of twenty-three thousand two hundred and twenty-seven dollars and fifty-three

cents ($23,227.53).

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Judgment be entered in favour of the applicant against the second respondent in the sum of twenty-one thousand seven hundred and seventy-seven dollars and fifty-three

cents ($21,777.53).

Payment by the first respondent of any moneys, in excess of one thousand four hundred and fifty dollars ($1,450.00) in reduction or discharge of the amount of the judgment entered pursuant to order (1) hereof shell operate as a discharge pro tanto of the liability cf the

second respondent hereunder.