Federal Court of Australia
LIMITED DISTRIBUTION NOT SUITABLE FOR REPORTING
JUDGMENT No. 2.1.2. 38-
CATCHWORDS.
INSURANCE - sum assured payable in the event of total and permanent disablement of insured - total and permanent disablement defined to mean that the insured has, in the opinion of the insurer, "been wholly prevented from engaging in his profession business or occupation" or from engaging "in any other profession business or occupation for which he is fitted by his knowledge, training status and abilities"
construction of policy - obligation of insurer in formation
of requisite opinion - implied requirement to act reasonably.
DAMAGES - interest on damages until judgment - whether available in Federal Court where action commenced before
insertion of s.51A Federal Court of Australia Act 1976 -
Centrepoint Freeholds Pty. Ltd. v Lucas (TN) Pty. Ltd. (1985) 60 A.L.R. 187.
TONY ALFRED FREE v THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED and GEOFFREY CREESE
TG No 6 of 1983
Ryan J. 15 August 1988 Brisbane
R=CEIVED 16.AUG 1988
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
) ) TASMANTA DISTRICT REGISTRY ) TG No 6 of 1983 ) GENERAL DIVISTON )
BETWEEN : TONY ALFRED FREE
(Applicant) AND: THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED (First Respondent) AND: GEOFFREY CREESE
(Second Respondent)
Coram: Ryan J.
Date: 15 August 1988
Place: Brisbane
REASONS FOR JUDGMENT
The applicant who is now aged thirty-six, from 1974 to 1984, carried on business in partnership with his wife as a timber carting contractor. When he first carried on that business he used a "MAN" truck and timber jinker leased by Tasmanian Forest Holdings Pty Ltd to which he was contracted
to cart logs, and sub-leased to Mr Free.
By 1976 the partnership entered into a lease on its own account of a "Mack FR612" which it operated in conjunction with the "MAN" vehicle, with one truck being driven by Mr
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