Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smart v Westpac Banking Corporation [2011] FCA 829 Citation: Smart v Westpac Banking Corporation [2011] FCA 829
Parties: SHARON SMART v WESTPAC BANKING CORPORATION ACN 007 457 141; PETER FITZGERALD; GREGORY MICHAEL BARTLETT, GREG KENNY, WESTPAC BANKING CORPORATION ACN 007 457 141, CHUBB INSURANCE COMPANY OF AUSTRALIA LIMITED ACN 003 710 647 and ALLIANZ AUSTRALIA INSURANCE LIMITED ACN 000 122 850
File number: NSD 1075 of 2009
Judge: JAGOT J
Date of judgment: 26 July 2011
Catchwords: INSURANCE – where cross-claimant was insured person to whom s 48 of the Insurance Contracts Act 1984 (Cth) applied but was not party to contract of insurance – whether cross-claimant was owed duty of utmost good faith pursuant to s 13 of that Act
Legislation: Insurance Contracts Act 1984 (Cth) ss 13, 48 Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Hannover Life Re of Australasia Ltd v Sayseng (2005) 13 ANZ Insurance Cases 90-123; [2005] NSWCA 214 Khoury v Government Insurance Office (NSW) (1983) 165 CLR 622 Zurich Australian Insurance Ltd v Metals and Minerals Insurance Pte Ltd (2009) 240 CLR 391
Date of hearing: 15 July 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: The applicant did not appear
Counsel for the Respondent: The respondent did not appear
Counsel for the Cross-Claimant: Mr D P O'Dowd
Solicitor for the Cross-Claimant: Gillis Delaney Lawyers
Counsel for the First, Second and Third Cross-Respondents: The first, second and third cross-respondents did not appear
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