Federal Court of Australia
NOT FOR GENERAL DISTRIBUTION
JUBGMENT No. 023.41
IN ERAL CO OF AUS A) ) TAS DISTRICT ISTRY ) T. No. G 6 of 1983 ) GENERAL DIVISION } BETWEEN: 'ONY FRED Applicant and ATI LIFE ASSOCIATION OF AUSTRALASIA LIMITED and GEOFFREY CREESE Respondents
COURT: NORTHROP J.
DATE : 26 OCTOBER 1987 PLACE: HOBART
MINUTES OF ORDER
THE COURT ORDERS THAT the hearing of the application be adjourned to 22 February 1988.
(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court).
IN ERAL C T_OF 'RALT.
he
MANIA DISTR REGISTRY T. No. G 6 of 1983
GENERAL DIVISION
TONY ALFRED FREE Applicant and
NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED
and GEOFFREY CREESE Respondents COURT: NORTHROP J. DATE : 26 OCTOBER 1987 PLACE: HOBART EX TEMPORE REASONS FOR JUDGMENT This application was commenced on 16 November 1983 and was listed for hearing today. By his application, the
applicant 15 seeking damages under the Trade Practices Act 1974 based upon non-conformity by the respondents with sections 52 and 53 of the Trade Practices Act; alternatively, damages for what is described as negligent misrepresentation, and alternatively, for an amount due under a contract of insurance made between the applicant and the respondent, National Mutual Life Association of Australasia Limited, on or about 29 August 1979. The application also includes
claims based upon other remedies, but they are not presently
being pursued. The claim is based on one or other or all of
the three claims which I have mentioned.
The contract which 1s the subject of the third claim is an insurance-type policy under which the respondent, National Mutual Life Association of Australasia Limited, agreed, subject to the policy and the terms of the policy, that 1t would pay to the applicant a specified amount if the applicant became or suffered total and permanent disablement as defined in that policy. That phrase is defined in the policy to mean that the applicant, after the commencing date, and in the opinion of the Association, and I quote, but I
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