Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rostirolla v Fiakos [2002] FCA 1058 INSURANCE – payment of life policy monies into Court – from when interest should run INSURANCE – payment of costs of life company from proceeds of policy paid into Court Life Insurance Act 1995 (Cth) ss 202(3), 202(4), 202(5), 215 Insurance Contracts Act 1984 (Cth) s 57 Federal Court of Australia Act 1976 (Cth) s 43(1) Weir v The Northern Counties of England Insurance Company (1879) LR 4 CPD 68 referred to Prentice Builders Pty Ltd v Carlingford Australia General Insurance Ltd (unreported, Supreme Court of Victoria, O'Bryan J, 29 April 1988) referred to National Mutual Life Association of Australasia Ltd v Dawbern & Ors (1986) 4 ANZ Ins Cas 60-746 followed HCF Life Insurance Co Pty Ltd v Lamb [2000] FCA 573 followed
DAYNA ROSTIROLLA and PETER ROSTIROLLA v JOAN FIAKOS and ROYAL & SUN ALLIANCE FINANCIAL SERVICES LIMITED (ABN 64 001 698 228) N 278 OF 2002 GYLES J SYDNEY 26 AUGUST 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 278 OF 2002
BETWEEN: DAYNA ROSTIROLLA and PETER ROSTIROLLA
APPLICANTS
AND: JOAN FIAKOS
FIRST RESPONDENT
ROYAL & SUN ALLIANCE FINANCIAL SERVICES LIMITED ABN 64 001 698 228
SECOND RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 26 AUGUST 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The proceeding stand over with leave to the parties to provide submissions as to costs and for the parties to bring in short minutes of order to give effect to these reasons. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 278 OF 2002
BETWEEN: DAYNA ROSTIROLLA and PETER ROSTIROLLA
APPLICANTS
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