Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sagacious Legal Pty Ltd v Wesfarmers General Insurance Limited [2010] FCA 274 Citation: Sagacious Legal Pty Ltd v Wesfarmers General Insurance Limited [2010] FCA 274
Parties: SAGACIOUS LEGAL PTY LTD v WESFARMERS GENERAL INSURANCE LIMITED
File number: NSD 509 of 2009
Judge: RARES J
Date of judgment: 4 March 2010
Corrigendum: 28 June 2010
Catchwords: INSURANCE – MOTOR VEHICLE INSURANCE – insurance claim for indemnity value of car arising from motor vehicle accident – insured seeking to rely on insurer's duty of utmost good faith under ss 13 and 14 of the Insurance Contracts Act 1984 (Cth) PRACTICE AND PROCEDURE – EVIDENCE – insured seeks to raise new issues a week before hearing – new document relating to psychiatric report introduced and alleged to be used in a manner not previously contemplated in pre-trial directions hearings or otherwise – whether such an issue should be permitted to be raised at a late stage – introduction and reliance on expert report without giving other party an opportunity to deal with that issue is an inappropriate departure from principles of case management and Part VB of the Federal Court of Australia Act 1976 (Cth)
Legislation: Pt VB of the Federal Court of Australia Act 1976 (Cth)
Cases cited: Aon Risk Services Australia Limited v The Australian National University (2009) 239 CLR 175 applied Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd [2008] NSWCA 243 followed Boys v Colins (2000) 23 WAR 123 followed Intel Corporation v Unwired Group Limited [2008] FCA 1927 applied Maniotis v JH Lever & Co Pty Limited [2006] FCAFC 7 applied Nowlan v Marson Transport Pty Ltd (2001) 53 NSWLR 116 applied Snowy Mountains Organic Dairy Products Pty Ltd v Wholefoods Pty [2006] FCA 1361 referred to Visible Results Properties Inc v Sushi Train (Australia) Pty Ltd [2005] FCA 1159 referred to White v Overland [2001] FCA 1333 applied
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